District of Nevada • 2:26-cv-01588

Nery Jose Martinez Castellanos v. Todd Blanche

Completed

Case Information

Filed: May 26, 2026
Assigned to: Anne R. Traum
Referred to: Nancy J. Koppe
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 17, 2026
Last Activity: August 17, 2026
Parties: View All Parties →

Docket Entries

#1
May 26, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition WHC, # 2 notice class action spanish) (WJ) (Entered: 05/27/2026)
Main Document: Receipt Initiating Documents
#2
May 27, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-01588-ART-NJK. (WJ) (Entered: 05/27/2026)
Main Document: Advisory Letter Habeas only - FORM
May 27, 2026
Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (WJ)
May 27, 2026
Assign Judges in Civil Case
#3
May 28, 2026
ORDER Appointing Counsel and Deferring Consideration of 28 U.S.C. § 2241 Petition. It is therefore ordered the Federal Public Defender for the District of Nevada (FPD) is appointed to represent Petitioner and is directed to file a notice of appearance (or indicate its inability to represent Petitioner) within 7 days of the date of this Order. If the FPD files a notice of appearance in this matter, it will then have 14 days to file either (1) an amended petition, or (2) a motion to dismiss the petition. If the FPD files an amended petition, it must also file a motion for leave to proceed in forma pauperis on Petitioners behalf and effectuate service of the amended petition on Respondents. It is further ordered that the USAO file a notice of appearance within 7 days of the date of this order and file and serve their answer to the amended petition, if one is filed, within 7 days of service of the filing of that amended petition, unless additional time is allowed for good cause shown. Respondents must file any documents referenced or relied upon in their responsive pleading with that pleading. Petitioner will have 7 days to file a reply. It is further ordered that Petitioner shall not be transferred out of this District until further order of the Court. See Order for details. Signed by District Judge Anne R. Traum on 5/28/2026. (Copies have been distributed pursuant to the NEF; CC: A copy of the petition (ECF No. 1 -1) and this Order distributed as directed - MAM) (Entered: 06/01/2026)
Main Document: Order Appointing Counsel
#4
May 28, 2026
PETITION for Writ of Habeas Corpus by Nery Jose Martinez Castellanos. (Filed per 3 Order - MAM) (Entered: 06/01/2026)
Main Document: Petition Writ of Habeas Corpus
#5
Jun 01, 2026
NOTICE of Appearance by attorney Christian Michael Orme on behalf of Respondent Reggie Radar. (Orme, Christian) (Entered: 06/01/2026)
Main Document: Notice Appearance of Counsel
#6
Jun 04, 2026
NOTICE of Appearance by attorney Martin Mayer on behalf of Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Mayer, Martin) (Entered: 06/04/2026)
Main Document: Notice Appearance of Counsel
#7
Jun 04, 2026
NOTICE of Appearance by attorney Aarin Kevorkian on behalf of Petitioner Nery Jose Martinez Castellanos. (Kevorkian, Aarin) (Entered: 06/04/2026)
Main Document: Notice Appearance of Counsel
#8
Jun 08, 2026
Mail Returned as Undeliverable (Not At This Address) re Assign Judges in Civil Case, 2 Advisory Letter Habeas only - FORM, 1 Receipt of Initiating Documents addressed to Nery Jose Martinez Castellanos. (DLL) (Entered: 06/09/2026)
Main Document: Mail Returned
#9
Jun 16, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Nery Jose Martinez Castellanos. Adds new parties. (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Kevorkian, Aarin) (Entered: 06/16/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#10
Jun 16, 2026
RECEIPT of Payment: $ 5, receipt number 200020413. CLERK'S NOTE: The filing fee has been PAID IN FULL. (MAM) (Entered: 06/17/2026)
Main Document: Receipt Payment
#11
Jun 23, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus, by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 06/23/2026)
Main Document: Response
#12
Jun 30, 2026
REPLY to 9 Amended Petition for Writ of Habeas Corpus, 11 Response by Petitioner Nery Jose Martinez Castellanos. (Attachments: # 1 Exhibit 1)(Kevorkian, Aarin) (Entered: 06/30/2026)
Main Document: Reply
#13
Jul 27, 2026
MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 7/27/2026. By Deputy Clerk: Katie Lynn Sutherland. Oral argument on the First Amended 28 U.S.C. § 2241 Petition is scheduled for Wednesday, August 5, 2026, at 1:00 p.m. via videoconference before District Judge Anne R. Traum. Counsel will be provided the zoom link prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - KLS) (Entered: 07/27/2026)
Jul 27, 2026
Minute Order Setting Hearing
#14
Aug 05, 2026
MINUTES OF PROCEEDINGS before District Judge Anne R. Traum. Crtrm Administrator: Katie Lynn Suherland; Pla Counsel: Aarin Kevorkian via video; Def Counsel: Martin Mayer via video (obo Federal Respondents) and Christian Orme via video (obo Respondent Reggie Radar); Court Reporter: Gayle Wear; Time of Hearing: 1:07 p.m. - 2:06 p.m.; Reno Courtroom: 6. The Court hears argument on the First Amended 28 U.S.C. § 2241 Petition. (ECF No. 9 ). After hearing from counsel, this matter is taken under advisement and written order to issue. (no image attached) (Copies have been distributed pursuant to the NEF - KLS) (Entered: 08/05/2026)
Aug 05, 2026
Miscellaneous Hearing
#15
Aug 06, 2026
ORDER GRANTING HABEAS PETITION (ECF No. 9 ). It is hereby ordered that the Amended Petition for Writ of Habeas Corpus (ECF No. 9) is GRANTED. Petitioner's continued detention violates the Immigration and Nationality Act, 8 U.S.C. § 1231(a)(6), and the Due Process Clause of the Fifth Amendment to the U.S. Constitution. It is further ordered that Petitioner must be RELEASED from Henderson Detention Center ON PERSONAL RECOGNIZANCE on Friday, August 7, 2026, between the hours of 12:00 and 3:00 p.m. Counsel for Petitioner (or their designee/agent) will be permitted to wait in the public areas of the detention center during the release window. It is further ordered that Respondents are ENJOINED from removing Petitioner to any third country without providing him and his counsel with adequate notice of intent to seek removal to a third country and due process in the form of providing him a reasonable opportunity to reopen immigration court proceedings to seek fear-based relief from removal, with a hearing before an immigration judge. It is further ordered that Respondents are ENJOINED from re-detaining Petitioner absent proof of changed circumstances making his removal reasonably foreseeable. It is further ordered that the parties must FILE a Joint Status Report no later than August 14, 2026, to certify compliance with the Court's order. Signed by District Judge Anne R. Traum on 8/6/2026. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 08/07/2026)
Main Document: Order
#16
Aug 14, 2026
Joint STATUS REPORT by Petitioner Nery Jose Martinez Castellanos. (Kevorkian, Aarin) (Entered: 08/14/2026)
Main Document: Status Report
#17
Aug 17, 2026
MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 8/17/2026. Parties have filed a joint status report representing that Petitioner has been released from custody in substantial compliance with the Court's order. (ECF No. 16 .) This action is therefore DISMISSED. The Clerk of Court is kindly directed to ENTER JUDGMENT IN FAVOR OF PETITIONER and CLOSE this case accordingly.(no image attached) (Copies have been distributed pursuant to the NEF - JYD) (Entered: 08/17/2026)
#18
Aug 17, 2026
JUDGMENT in favor of Petitioner Nery Jose Martinez Castellanos against Respondents, David J. Venturella, Kerri Ann Quihuis, Markwayne Mullin, Reggie Radar, Ruben Leyva, Todd Blanche by Clerk of Court. (Copies have been distributed pursuant to the NEF - WJ) (Entered: 08/17/2026)
Main Document: Judgment
Aug 17, 2026
Minute Order

Parties

Nery Jose Martinez Castellanos
Party
Todd Blanche
Party