Completed
Case Information
Filed: June 25, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 12, 2026
Last Activity:
August 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 25, 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: 06/25/2026)
Main Document:
Receipt Initiating Documents
#2
Jun 25, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-01915-AMB-EJY. (JQC) (Entered: 06/25/2026)
Main Document:
Advisory Letter Habeas only - FORM
Jun 25, 2026
Case randomly assigned to District Judge Amy M. Baggio and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (JQC)
Jun 25, 2026
Assign Judges in Civil Case
#3
Jun 26, 2026
Order Reassign Judge
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Order Reassign Judge
#4
Jun 26, 2026
Order
#5
Jun 30, 2026
Notice Appearance of Counsel
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Notice Appearance of Counsel
#6
Jul 01, 2026
Notice Appearance of Counsel
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Notice Appearance of Counsel
#7
Jul 01, 2026
Notice Other
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Notice Other
#8
Jul 09, 2026
Motion Extend/Shorten Time
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Motion Extend/Shorten Time
#9
Jul 09, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/9/2026.Good cause appearing, IT IS HEREBY ORDERED Petitioner's 8 Motion to Extend/Shorten Time is GRANTED. The Amended Petition is due by 7/20/2026. (no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 07/09/2026)
Jul 09, 2026
Minute Order
#10
Jul 10, 2026
Petition Writ of Habeas Corpus Amended
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Petition Writ of Habeas Corpus Amended
#11
Jul 10, 2026
Motion/Application Leave to Proceed In Forma Pauperis
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Motion/Application Leave to Proceed In Forma Pauperis
#12
Jul 20, 2026
Petition Writ of Habeas Corpus Amended
Main Document:
Petition Writ of Habeas Corpus Amended
#13
Jul 21, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/21/2026. Before the Court are Mr. Rafael Herrera Castenada's motion to proceed in forma pauperis (ECF No. 11 ) ("IFP Application") and Second Amended Petition (ECF No. 12 ).As a preliminary matter, the Court has reviewed Petitioner's financial circumstances, see generally IFP Application, and concludes that Petitioner should not be required to pay the filing fee in this matter. See 28 U.S.C. §1915(a) (enabling petitioners in civil detention to seek leave to proceed in forma pauperis). Therefore, IT IS HEREBY ORDERED Petitioner's IFP Application is GRANTED.The Court has also reviewed the Second Amended Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), and preliminarily finds that Mr. Gonzalez Silva may be entitled to habeas relief under: (i.) Jacobo Ramirez v. Mullin, --- F. Supp. 3d ---, 2026 WL 879799 (D. Nev. Mar. 30, 2026); (ii.) the Immigration and Nationality Act; and (iii.) the Due Process Clause of the Fifth Amendment.Therefore, Respondents are ORDERED TO SHOW CAUSE for Petitioner's detention. See 28 U.S.C.§ 2243. Specifically, Respondents must file a "return certifying the true cause of detention" on or before July 23, 2026. In doing so, Respondents should not re-argue their faulty interpretation of 8 U.S.C. § 1225(b)(2)(A), as this issue has already been litigated in, and decided by, this Court. See generally Jacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026). With that being said, Respondents may reference their prior briefing on this issue for appellate purposes. Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return.IT IS FURTHER ORDERED Respondents must file a supplement which answers the following interrogatories under oath, see Rule 7, Rules Governing § 2254 Proceedings in the United States District Courts: (1.) Was Petitioner arrested pursuant to a lawfully executed, and served, administrative warrant pursuant to 8 C.F.R. § 236.1(b)? (2.) Was an initial custody determination conducted as to Petitioner pursuant to 8 C.F.R. § 236.1(c)(8)? (3.) Was a Form I-286 Notice of Custody Determination served on Petitioner pursuant to 8 C.F.R. § 236.1(g)? Respondents must file this supplement alongside their return, i.e. by July 23, 2026.IT IS FURTHER ORDERED Petitioner has up to, and including, July 28, 2026, to reply. (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#14
Jul 23, 2026
Notice Appearance of Counsel
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Notice Appearance of Counsel
#15
Jul 23, 2026
Notice Other
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Notice Other
#16
Jul 31, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/31/2026. The Court has reviewed Federal Respondents' Supplemental Notice regarding Class Membership (ECF No. 15 ). In light of the attached order granting Mr. Herrera Castenada's release on bond, see ECF No. 15 -1, IT IS HEREBY ORDERED that Parties file a JOINT STATUS REPORT by August 5, 2026, clarifying whether Mr. Herrera Castenada is currently detained or released on bond, with supporting documentation attached. (Copies have been distributed pursuant to the NEF - JT) (Entered: 07/31/2026)
Jul 31, 2026
Minute Order
#17
Aug 05, 2026
Status Report
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Status Report
#19
Aug 12, 2026
Judgment
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Judgment
#20
Aug 14, 2026
Status Report
Main Document:
Status Report
Parties
Blanche
Party
Castenada
Party