District of Nevada • 2:26-cv-01971

Benitez v. Blanche

Active

Case Information

Filed: June 29, 2026
Assigned to: Cristina D. Silva
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 17, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 29, 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) (HAM) (Entered: 06/30/2026)
Main Document: Receipt Initiating Documents
#2
Jun 30, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-01971-CDS-EJY. (HAM) (Entered: 06/30/2026)
Main Document: Advisory Letter Habeas only - FORM
Jun 30, 2026
Assign Judges in Civil Case
Jun 30, 2026
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (HAM)
#3
Jul 01, 2026
Service and Appointment Order. It is therefore ordered that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent the petitioner and is directed to file a notice of appearance (or indicate its inability to represent the petitioner) by July 8, 2026. If the FPD files a notice of appearance in this matter, it (1) will then have 14 days to file either an amended petition or a motion to dismiss the petition, (2) must effectuate service of the amended petition, if one is filed, on the respondents, and (3) must file a motion for leave to proceed in forma pauperis on the petitioner's behalf. It is further kindly ordered that the Clerk of Court: FILE the petition (ECF No. 1 -1). The petition (ECF No. 1 -1) is deferred. It is further ordered that the respondents must not transfer the petitioner out of this District, with the exception of effectuating the petitioner's lawful deportation, until further order of the Court. In the event of lawful deportation, the respondents' counsel must file a notice with the Court within five days of removal. Docket Update: Ruben Leyva substituted for Michael Bernacke. Signed by Judge Cristina D. Silva on 7/1/2026. (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: 07/02/2026)
Main Document: Order Appointing Counsel
#4
Jul 01, 2026
PETITION for Writ of Habeas Corpus by Diego Ayala Benitez. (Filed per 3 Order - MAM) (Entered: 07/02/2026)
Main Document: Petition Writ of Habeas Corpus
#5
Jul 08, 2026
NOTICE of Appearance by attorney Nisha Brooks-Whittington on behalf of Petitioner Diego Ayala Benitez. (Brooks-Whittington, Nisha) (Entered: 07/08/2026)
Main Document: Notice Appearance of Counsel
#6
Jul 08, 2026
NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Diego Ayala Benitez. and Substituion of Counsel (Barrera, Laura) (Entered: 07/08/2026)
Main Document: Notice Appearance of Counsel
#7
Jul 09, 2026
NOTICE of Appearance by attorney Maria Jacob on behalf of Petitioner Diego Ayala Benitez. (Jacob, Maria) (Entered: 07/09/2026)
Main Document: Notice Appearance of Counsel
#8
Jul 15, 2026
NOTICE OF RELATED CASES 25-cv-02136 by Petitioner Diego Ayala Benitez. (Jacob, Maria) (Entered: 07/15/2026)
Main Document: Notice Related Cases
#9
Jul 21, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/21/2026. On July 15, 2026, the petitioner filed a notice of class membership, wherein he claims to be a member of the certified class in Jacobo-Ramirez v. Mullin, No. 2:25-cv-02136-RFB-MDC (D. Nev.). See ECF No. 8. Class membership in Jacobo-Ramirez applies to noncitizens in the U.S. without lawful status (1) who are or will be arrested or detained by ICE; (2) who are or will be in removal proceedings before an Immigration Court within the District Nevada; (3) whom DHS alleges or will allege to have entered the United States without inspection or parole; (4) who are not or will not be subject to detention under 8 U.S.C. §§1226(c), 1225(b)(1), or 1231 at the time they are scheduled for or request a bond hearing; and (5) whose most recent arrest by ICE occurred inside the United States and not while arriving in the United States. Here, the information before the court does not indicate that the petitioner meets the third and fourth requirements for class membership. Thus, for now, the petitioner is not deemed a member of the class.(no image attached) (Copies have been distributed pursuant to the NEF - DXS) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order
#10
Jul 22, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Diego Ayala Benitez.. (Jacob, Maria) (Entered: 07/22/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#11
Jul 22, 2026
AMENDED PETITION for Writ of Habeas Corpus by Diego Ayala Benitez. Adds new parties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Jacob, Maria) (Entered: 07/22/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#12
Aug 05, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernake, Todd Blanche, Ice Ero, Ruben Leyva, Todd Lyons, Markwayne Mullin, David J. Venturella. (Botros, Tamer) (Entered: 08/05/2026)
Main Document: Notice Appearance of Counsel
#13
Aug 05, 2026
First MOTION to Extend Time (First Request) Federal Defendants Motion for Extension of Time to File a Response to Plaintiffs Amended Petition (ECF No. 11) re 11 Amended Petition for Writ of Habeas Corpus by Respondents Michael Bernake, Todd Blanche, Ice Ero, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. Responses are due by 8/19/2026. (Botros, Tamer) (answer) (Entered: 08/05/2026)
Main Document: Motion Extend/Shorten Time
#14
Aug 05, 2026
RESPONSE to 11 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 08/05/2026)
Main Document: Response
#15
Aug 06, 2026
NOTICE of Appearance by attorney James Sweetin on behalf of Respondents Todd Blanche, Ice Ero, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Sweetin, James) (Entered: 08/06/2026)
Main Document: Notice Appearance of Counsel
#16
Aug 08, 2026
RESPONSE to 13 Motion to Extend/Shorten Time, by Petitioner Diego Ayala Benitez. Replies are due by 8/15/2026. (Jacob, Maria) (Entered: 08/08/2026)
Main Document: Response
#17
Aug 12, 2026
RESPONSE to 11 Amended Petition for Writ of Habeas Corpus by Respondents Todd Blanche, Ice Ero, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit G)(Sweetin, James) (Entered: 08/12/2026)
Main Document: Response
#18
Aug 12, 2026
MOTION to Seal Document, 17 Response,, by Respondents Todd Blanche, Ice Ero, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. Responses are due by 8/26/2026. (Sweetin, James) (Entered: 08/12/2026)
Main Document: Motion Seal
#20
Aug 17, 2026
REPLY to 11 Amended Petition for Writ of Habeas Corpus, 14 Response, 17 Response, by Petitioner Diego Ayala Benitez. (Attachments: # 1 Exhibit A)(Jacob, Maria) (Entered: 08/17/2026)
Main Document: Reply

Parties

Benitez
Party
Blanche
Party