Active
Case Information
Filed: June 08, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 04, 2026
Parties:
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Docket Entries
#1
Jun 08, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 - Paid) by Eliacin Morales Ponce. (Attachments: # 1 Filing Fee Receipt (#200020267), # 2 Letter) (RJDG) (Entered: 06/08/2026)
Main Document:
Petition Writ of Habeas Corpus
#2
Jun 08, 2026
NOTICE from USDC advising case against John Mattos, et al., has been received and assigned case number 2:26-cv-01735-RFB-DJA. (RJDG) (Entered: 06/08/2026)
Main Document:
Advisory Letter Habeas only - FORM
Jun 08, 2026
Assign Judges in Civil Case
Jun 08, 2026
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (ALZ)
#3
Jun 09, 2026
ORDER. IT IS ORDERED that the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. The Clerk of Court is kindly instructed to ADD the FPD to the docket as an "Attorney to be Noticed" using the following email address: ecf_nvchu@fd.org. The Clerk is further instructed to SEND a copy of this Order to the FPD and CJA Coordinator for this division. IT IS FURTHER ORDERED that the FPD must FILE a notice of appea rance, or ADVISE the Court that it cannot represent Petitioner, by June 11, 2026. IT IS FURTHER ORDERED that on or before June 15, 2026, Federal Respondents must file a notice which indicates whether they contend Petitioner is, or is not, a Jacob o-Ramirez Class Member, and identify the statutory authority they contend authorizes Petitioner's detention. IT IS FURTHER ORDERED that on or before June 19, 2026, Petitioner must file an amended petition for a writ of habeas corpus unless th e FPD declines to represent Petitioner. IT IS FURTHER ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to: 1. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. Pursuant to the District of Nevada's General Order 2026-03 (Feb 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 2. SEND, through CM/ECF, a copy of the 1 Petition, and this Order, to Counsel for Respondent John Mattos at ahesman@strucklove.com. 3. MAIL a copy of the [1 ] Petition, and this Order, pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. See order for further details. Signed by Judge Richard F. Boulware, II on 6/9/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator) Modified on 6/9/2026 to correct ECF No. for Petition (AMMi).
#4
Jun 12, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#5
Jun 15, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#6
Jun 15, 2026
Notice Other
Main Document:
Notice Other
#7
Jun 22, 2026
Petition Writ of Habeas Corpus Amended
Main Document:
Petition Writ of Habeas Corpus Amended
Jun 24, 2026
Minute Order
#9
Jun 29, 2026
Notice Other
Main Document:
Notice Other
#10
Jul 02, 2026
Traverse
Main Document:
Traverse
#11
Jul 30, 2026
ORDER GRANTING WRIT OF HABEAS CORPUS Based on the foregoing, IT IS HEREBY ORDERED Petitioner's First Amended 28 U.S.C. § 2241 Petition (ECF No. 7 ) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on July 31, 2026, between the hours of 12:00 P.M. and 3:00 P.M. Counsel for Petitioner (or their designee/agent) will be permitted to wait in the Federal Justice Tower lobby during the release window. IT IS FURTHER OR DERED Petitioner is released on his own recognizance subject to reasonable conditions that may be set by ICE in an Order of Supervision. IT IS FURTHER ORDERED Respondents must RETURN Petitioner's personal property-including personal identifi cation and/or employment authorization documents-upon his release. IT IS FURTHER ORDERED Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hearing is held, with adequ ate notice, to determine whether detention is appropriate under the INA and its implementing regulations. To the extent the government seeks to detain Petitioner under 8 U.S.C. § 1226(a), it bears the burden of establishing that detention is a ppropriate by clear and convincing evidence. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by August 3, 2026, confirming Respondents' compliance with this Order, including: (i) the date and time of Petitioner's relea se; (ii) compliance with this Court's directives concerning release on personal recognizance; and (iii) the return of Petitioner's personal property. The Clerk of Court is kindly instructed to enter judgment accordingly and close this c ase. The Court retains jurisdiction to enforce its order and judgment. Petitioner may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Richard F. Boulware, II on 7/30/2026. (Copies have been distributed pursuant to the NEF - RJDG)
#12
Jul 30, 2026
Judgment
Main Document:
Judgment
#13
Aug 04, 2026
Status Report
Main Document:
Status Report
Parties
Mattos
Party
Ponce
Party