District of Nevada • 2:26-cv-02083

Noriega v. Blanche

Completed

Case Information

Filed: July 09, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 31, 2026
Last Activity: August 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 09, 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: 07/09/2026)
Main Document: Receipt Initiating Documents
#2
Jul 09, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02083-GMN-MDC. (HAM) (Entered: 07/09/2026)
Main Document: Advisory Letter Habeas only - FORM
Jul 09, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (HAM)
Jul 09, 2026
Assign Judges in Civil Case
#3
Jul 10, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02083-GMN-MDC to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED the Clerk of Court is instructed to administrativelyRELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. All further documents must bear the correct case number 2:26-cv-2083-RFB-MDC. Signed by Judge Gloria M. Navarro and Judge Richard F. Boulware on 7/10/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 07/10/2026)
Main Document: Order Reassign Judge
#4
Jul 10, 2026
ORDER APPOINTING COUNSEL. 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 July 13, 2026. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis (IFP Application), by July 20, 2026. Notice Regarding Class Membership and Detention Authority due on or before July 15, 2026. Amended Petition is due by July 20, 2026. Docket Update: (1) Ruben Leyva, Acting Director of the Salt Lake City Field Office of ICE Enforcement and Removal Operations, is substituted for Michael Bernacke; and (2) Acting Director of ICE David Venturella is substituted for Todd Lyons. See Fed. R. Civ. P. 25(d). See order for further details. Signed by Judge Richard F. Boulware, II on 7/10/2026. (Attachments: # 1 IFP Application) (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: 07/10/2026)
Main Document: Order Appointing Counsel
#5
Jul 13, 2026
NOTICE of Appearance by attorney Sylvia A. Irvin on behalf of Petitioner Luis Barahona Noriega. (Irvin, Sylvia) (Entered: 07/13/2026)
Main Document: Notice Appearance of Counsel
#6
Jul 15, 2026
NOTICE of Appearance by attorney Chapman Noam on behalf of Petitioner Luis Barahona Noriega. (Noam, Chapman) (Entered: 07/15/2026)
Main Document: Notice Appearance of Counsel
#7
Jul 15, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernacke, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella. (Botros, Tamer) (Entered: 07/15/2026)
Main Document: Notice Appearance of Counsel
#8
Jul 15, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 4) by Michael Bernacke, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 4 Order Appointing Counsel,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 07/15/2026)
Main Document: Notice Other
#9
Jul 20, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Luis Barahona Noriega. No changes to parties. (Noam, Chapman) (Entered: 07/20/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#10
Jul 20, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Luis Barahona Noriega.. (Noam, Chapman) (Entered: 07/20/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#11
Jul 22, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/22/2026. As a preliminary matter, the Court finds good cause exists and GRANTS 10 Motion/Application for Leave to Proceed in forma pauperis accordingly.Also before the Court is Mr. Barahona Noriega's First Amended Petition for Writ of Habeas Corpus (ECF No. 9 ). The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 8 ), and preliminarily finds that Petitioner may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and Jacobo Ramirez v. Mullin, No. 2:25-cv-02136-RFB-BNW, 2026 WL 879799 (D. Nev. Mar. 30, 2026).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 27, 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, and decided, by this Court, or simply restate their arguments as to class membership from the 8 Notice as to Class membership. 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 specifically identify it in their return.IT IS FURTHER ORDERED Petitioner has up to, and including, July 29, 2026, to reply.Finally, IT IS FURTHER ORDERED the Court's prior orders regarding briefing, document production, transfer, etc. remain in full effect. See generally Order Appointing Counsel, ECF No. 4 . (Copies have been distributed pursuant to the NEF - CMB) (Entered: 07/22/2026)
Jul 22, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#12
Jul 27, 2026
NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella. (Tomova, Virginia) (Entered: 07/27/2026)
Main Document: Notice Appearance of Counsel
#13
Jul 27, 2026
NOTICE Federal Respondents (Supplemental) Notice Regarding Class Membership (ECF No. 11) by Michael Bernacke, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 11 Order on Motion/Application to Proceed in forma pauperis,,,,,,,, Minute Order,,,,,,,. (Tomova, Virginia) (Entered: 07/27/2026)
Main Document: Notice Other
#14
Jul 28, 2026
DISREGARD - Entered to wrong case in error. MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/28/2026. Also before the Court is Mr. Espinoza's First Amended Petition for Writ of Habeas Corpus (ECF No. 8 ). The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), and preliminarily finds that Petitioner may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and Jacobo-Ramirez v. Mullin, No. 2:25-cv-02136-RFB-BNW, 2026 WL 879799 (D. Nev. Mar. 30, 2026).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 31, 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, 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 specifically identify it in their return.IT IS FURTHER ORDERED Petitioner has up to, and including, August 4, 2026, to reply.Finally, IT IS FURTHER ORDERED the Court's prior orders regarding briefing, document production, transfer, etc. remain in full effect. See generally Order Appointing Counsel, ECF No. 4 .(Copies have been distributed pursuant to the NEF - CMB) Modified to Strike on 7/29/2026; NEF regenerated. (DRS). (Entered: 07/28/2026)
Jul 28, 2026
Minute Order
#15
Jul 29, 2026
TRAVERSE re 9 Amended Petition for Writ of Habeas Corpus, 13 Notice (Other), 11 Order on Motion/Application to Proceed in forma pauperis,,,,,,,, Minute Order,,,,,,, by Petitioner Luis Barahona Noriega. (Noam, Chapman) (Entered: 07/29/2026)
Main Document: Traverse
#16
Jul 31, 2026
ORDER GRANTING WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED Petitioner's 9 First Amended Petition for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on August 1, 2026 between the hours of 1:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by August 3, 2026. See order for further details. Signed by Judge Richard F. Boulware, II on 7/31/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 07/31/2026)
Main Document: Order
#17
Jul 31, 2026
JUDGMENT in favor of Luis Barahona Noriega against David Venturella, John Mattos, Kerri Ann Quihuis, Markwayne Mullin, Ruben Leyva, Todd Blanche. Signed by Clerk of Court Debra K. Kempi on 7/31/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 07/31/2026)
Main Document: Judgment
#18
Aug 07, 2026
Joint STATUS REPORT by Petitioner Luis Barahona Noriega. (Noam, Chapman) (Entered: 08/07/2026)
Main Document: Status Report