District of Nevada • 2:26-cv-01596

Poblete v. Bernacke

Active

Case Information

Filed: May 26, 2026
Assigned to: Jennifer Anna Dorsey
Referred to: Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 08, 2026

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 for Writ Of Habeas Corpus) (JQC) (Entered: 05/27/2026)
Main Document: Receipt Initiating Documents
#2
May 27, 2026
NOTICE from USDC advising case against has been received and assigned case number 2:26-cv-01596-JAD-BNW. (JQC) (Entered: 05/27/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
May 27, 2026
VACATED on 6/23/2026 per 12 Order. (GA) TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-01596-JAD-BNW to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. All further documents must bear the correct case number 2:26-cv-01596-RFB-BNW. Signed by Judge Jennifer A. Dorsey and Judge Richard F. Boulware, II on 5/27/2026. (Copies have been distributed pursuant to the NEF - AMMi) Vacated - Modified on 6/23/2026 (GA). (Entered: 05/27/2026)
Main Document: Order Reassign Judge
#4
May 27, 2026
ORDER. The Court DEFERS consideration of Petitioner's filing fee until Petitioner has an informed opportunity to address it with the assistance of counsel. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis ("IFP Application"), by June 8, 2026. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. The FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by May 29, 2026. IT IS HEREBY ORDERED the following parameters will govern in this case. i. Notice Regarding Class Membership: On or before June 1, 2026. ii. Amended Petition: On or before June 8, 2026, Petitioner must file an amended petition for a writ of habeas corpus unless the FPD declines to represent Petitioner. Upon reviewing the amended petition, the Court will issue an order to show cause, set a briefing schedule, or dismiss the petition as meritless. IT IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court. IT IS FURTHER ORDERED that Petitioner, with the assistance of counsel, will be required to SERVE the Petition on any facility warden respondent named in the amended petition. See Order for further details. Signed by Judge Richard F. Boulware, II on 5/27/2026. (Attachments: # 1 IFP Packet) (Copies have been distributed pursuant to the NEF; A copy of the Petition (ECF No. 1 -1), and this Order distributed as directed - MAM) (Entered: 05/27/2026)
Main Document: Order Appointing Counsel AND ~Util - Add and Terminate Parties
May 27, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (JQC)
May 27, 2026
Assign Judges in Civil Case
#5
May 29, 2026
NOTICE of Appearance by attorney Rick Mula on behalf of Petitioner Juan Moscoso Poblete. (Mula, Rick) (Entered: 05/29/2026)
Main Document: Notice Appearance of Counsel
#6
Jun 01, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Interested Party United States Immigration Customs Enforcement. (Botros, Tamer) (Entered: 06/01/2026)
Main Document: Notice Appearance of Counsel
#7
Jun 01, 2026
NOTICE Regarding Class Membership by United States Immigration Customs Enforcement re 4 Order Appointing Counsel,,,,,,, Add and Terminate Parties,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner)(Botros, Tamer) (Entered: 06/01/2026)
Main Document: Notice Other
#8
Jun 08, 2026
First STIPULATION FOR EXTENSION OF TIME (First Request) to File Amended Petition and Application for In Forma Pauperis re 4 Order Appointing Counsel,,,,,,, Add and Terminate Parties,,,,,, by Petitioner Juan Moscoso Poblete.. (Mula, Rick) (extend) (amend) (Entered: 06/08/2026)
Main Document: Stipulation
#9
Jun 08, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/8/2026.IT IS HEREBY ORDERED the 8 Stipulation is GRANTED IN PART. Petitioner has until 6/22/2026 to file an amended petition and address the filing fee.Upon review of the Amended Petition, the Court will issue an order to show cause and scheduling order pursuant to 28 U.S.C. § 2243 if appropriate. (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/08/2026)
Jun 08, 2026
Minute Order AND Order on Stipulation
#10
Jun 17, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Juan Moscoso Poblete. Adds new parties. (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Mula, Rick) (Entered: 06/17/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#11
Jun 17, 2026
NOTICE of Manual Filing by Petitioner Juan Moscoso Poblete re 10 Amended Petition for Writ of Habeas Corpus. Object: Flash drive,, Description: Exhibit D to First Amended Petition, manually filed with the Clerk's Office. (Mula, Rick) (Entered: 06/17/2026)
Main Document: Notice Manual Filing
#12
Jun 23, 2026
TRANSFER ORDER - IT IS HEREBY ORDERED that the (ECF No. 3 ) Transfer Order is VACATED. Case reassigned to Judge Jennifer A. Dorsey for all further proceedings. All further documents must bear the correct case number 2:26-cv-01596-JAD-BNW. The Clerk of Court is instructed to (1) correct the docket and case caption to reflect the parties named in the (ECF No. 10 ) First Amended Petition; (2) reassign this case back to Judge Jennifer A. Dorsey and; (3) remove the reference to 2:25-cv-02136-RFB-MDC as a related case from the docket. Signed by Judge Richard F. Boulware, II and Judge Jennifer A. Dorsey on 6/23/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 06/23/2026)
Main Document: Order Reassign Judge
#13
Jun 23, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/23/2026. On June 17, 2026, petitioner Juan Moscoso Poblete filed a counseled amended habeas petition seeking his release from immigration custody. 10 I direct the respondents to file a response to the amended petition by June 30, 2026. The respondents must incorporate any motion-to-dismiss arguments into their response to the petition's merits a separate motion to dismiss is not permitted. The respondents must also file any documents referenced or relied upon in their responsive pleading with that pleading. The petitioner's reply is due July 7, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 06/23/2026)
Jun 23, 2026
Minute Order
#14
Jun 29, 2026
RESPONSE to 10 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 06/29/2026)
Main Document: Response
#15
Jun 30, 2026
NOTICE of Appearance by attorney Russell G. Webb on behalf of Petitioners Todd Blanche, Michael Bernacke, Todd Lyons, Markwayne Mullin, Interested Parties USA, United States Immigration Customs Enforcement. (Webb, Russell) (Entered: 06/30/2026)
Main Document: Notice Appearance of Counsel
#16
Jun 30, 2026
First MOTION to Extend Time (First Request) to Respond to Amended Petition re 14 Response, 13 Minute Order,, by Petitioners Todd Blanche, Michael Bernacke, Todd Lyons, Markwayne Mullin, Interested Parties USA, United States Immigration Customs Enforcement. Responses are due by 7/14/2026. (Webb, Russell) (answer) (Entered: 06/30/2026)
Main Document: Motion Extend/Shorten Time
#17
Jun 30, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/30/2026. The federal respondents move for a seven-day extension of time to file their response to the petitioner's amended habeas petition. 16 The petitioner opposes this request. But I find that the respondents have shown good cause for the extension and, due to this court's strong preference for deciding important cases like this one on their merits, the respondents' motion is GRANTED. The response to the amended petition is now due on July 7, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 06/30/2026)
Jun 30, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#18
Jul 07, 2026
Response
Main Document: Response
#19
Jul 10, 2026
Reply
Main Document: Reply
Sep 25, 2026
Minute Order
#22
Oct 02, 2026
Response
Main Document: Response
Oct 02, 2026
Minute Order
Oct 02, 2026
Notice of Appearance - AFPD Immigration only
#24
Oct 08, 2026
Supplement
Main Document: Supplement