District of Nevada • 2:25-cv-02341

#1

Nov 24, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number BNVDC-8263598) by Roberto Juarez Fernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Index of Exhibits, # 3 Exhibit Ex 1 Petitioners Immigration Court filings in bond proceedings (bond motion, bond brief), # 4 Exhibit Ex 2 I-213, Record of Deportable/Inadmissible Alien, # 5 Exhibit Ex 3 DHS Form I-862 Notice to Appear, # 6 Exhibit Ex 4 Criminal History Records, # 7 Exhibit Ex 5 Order of Immigration Judge denying bond, October 30, 2025, # 8 Exhibit Ex 6 Patient Implant card, # 9 Exhibit Ex 7 US birth certificate of Petitioners Fiance, # 10 Exhibit Ex 8 The Resiliency Center of Idaho Clinical letter regarding Petitioenrs US citizen daughter) (Abad, Nallely) (Entered: 11/24/2025)

#2

Nov 24, 2025

MOTION for Temporary Restraining Order by Plaintiff Roberto Juarez Fernandez. Responses due by 12/8/2025. (Abad, Nallely) (Entered: 11/24/2025)

#3

Nov 24, 2025

Amended MOTION for Temporary Restraining Order by Plaintiff Roberto Juarez Fernandez. Responses due by 12/8/2025. (Abad, Nallely) (Entered: 11/24/2025)

Nov 24, 2025

Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. ***Emergency motion previously filed in case.*** Nature of Suit: 463 - Habeas Immigration (RJDG)

#4

Nov 25, 2025

Order AND ~Util - Set/Reset Deadlines & Hearings (non motion deadlines)

#5

Nov 25, 2025

ORDER Setting Hearing as to 3 Motion for TRO. See ECF No. 4 . Motion Hearing set for 12/5/2025 at 09:00 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 11/25/2025. (Copies have been distributed pursuant to the NEF - IML) (Entered: 11/25/2025)

Nov 25, 2025

Order Setting Hearing on Motion

Nov 25, 2025

Assign Judges in Civil Case

#6

Nov 26, 2025

NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Pamela Bondi, Jason Knight, Kristi Noem. (Tomova, Virginia) (Entered: 11/26/2025)

#7

Nov 26, 2025

MOTION to Extend Time (First Request) to File a Response to Order to Show Cause (ECF No. 4) re 4 Order,,,,,,, Set/Reset Deadlines & Hearings,,,,,, by Respondents Pamela Bondi, Jason Knight, Kristi Noem. Responses due by 12/10/2025. (Tomova, Virginia) (presiding) (Entered: 11/26/2025)

#8

Nov 26, 2025

Reply

#9

Dec 01, 2025

Certificate of Service

#10

Dec 03, 2025

Notice Appearance of Counsel

#11

Dec 03, 2025

Exhibit A

#12

Dec 03, 2025

Response

#13

Dec 04, 2025

Response

#14

Dec 05, 2025

MINUTES OF PROCEEDINGS - TRO Hearing held on 12/5/2025 before Judge Richard F. Boulware, II. Crtrm Administrator: C. Torres; Pla Counsel: Nallely Abad, Esq. Spencer Judd, Esq.; Def Counsel: Tamer Botros, AUSA; Court Reporter: Patricia Ganci; Time of Hearing: 9:08 a.m. - 9:15 a.m.; Courtroom: 7C; The Court makes preliminary remarks and hears from parties as to the 3 Amended Motion for Temporary Restraining Order. On 12/3/2025, IJ Baker granted Petitioner release on bond under 8 U.S.C. § 1226(a). See ECF No. 13. Respondents continue to assert that Petitioner must be detained pursuant to their reinterpretation of 8 U.S.C. § 1225(b)(2)(A). The Court fully incorporates by reference its reasoning and holding regarding Respondents' new interpretation of § 1225(b)(2) from Escobar Salgado v. Mattos, No. 2:25 CV-01872-RFB-EJY, 2025 WL 3205356, at *10-26 (D. Nev. Nov. 17, 2025). As it did in Escobar-Salgado, the Court rejects Respondents' statutory interpretation and finds Petitioner is detained under § 1226(a) and its implementing regulations, "because he is a longtime U.S. resident[ ], who was arrested and detained by ICE far from any port of entry." Id. at 22. Accordingly, the Court finds Petitioner is entitled to release on bond under 8 U.S.C. § 1226(a), consistent with the order of the IJ. The Court further finds that Respondents have no authority to continue to detain Petitioner in light of the order that he be released on bond. Any attempt of DHS to continue to detain Petitioner pursuant to the automatic stay would be unconstitutional. See Herrera Torralba v. Knight, No. 2:25-cv-01366-RFB-DJA (D. Nev. Sep 9, 2025) (finding the automatic stay at 8 C.F.R § 1003.19(i)(2) facially violative of procedural due process). The Court further finds that given the exigent circumstances and burden identified by Petitioner which the Court adopts and incorporates by reference, Petitioner's prolonged unlawful detention is causing immediate irreparable harm, and enjoining Respondents from continuing to violate federal law is in the public interest, Petitioner has satisfied all of the requirements for preliminary injunctive relief. Therefore, IT IS HEREBY ORDERED that the 3 Motion is GRANTED. Petitioner shall be IMMEDIATELY RELEASED. Upon his release, Petitioner shall abide by the bond conditions set by IJ Baker. In related matters before this Court, there have been numerous issues in ICE processing the payment of bond. See, e.g., Jacobo-Ramirez, No. 2:25-cv-02136-RFB-MDC at ECF No. 41. Accordingly, Petitioner shall have 30 days after IJ Baker's order becomes final to satisfy the monetary requirement of the bond conditions. IT IS FURTHER ORDERED that Respondents shall file a notice of compliance with this Order by 5:00 p.m. TODAY. The Court will not issue a separate written ruling. The instant minutes of proceedings and minute order(s), which incorporate by reference the transcript of the hearing and the reasoning therein, shall serve as the final order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - CT) (Entered: 12/05/2025)

#15

Dec 05, 2025

Notice Other

Dec 05, 2025

Order on Motion for Temporary Restraining Order AND TRO Hearing

#16

Dec 31, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/31/2025. Based on the 14 Order and Minutes of Proceeding issued December 5, 2025, the Courts finds as Moot the following Motions: 2 Motion for Temporary Restraining Order and 7 Motion to Extend Time. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 12/31/2025)

Dec 31, 2025

Minute Order AND Order on Motion for Temporary Restraining Order AND Order on Motion to Extend/Shorten Time