District of Nevada • 2:26-cv-02117
Jose Rios-Rodriguez v. Todd Blanche
Completed
Case Information
Filed: July 13, 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: August 07, 2026
Last Activity:
August 11, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 13, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition WHC) (WJ) (Entered: 07/14/2026)
Main Document:
Receipt Initiating Documents
#2
Jul 14, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02117-RFB-MDC. (WJ) (Entered: 07/14/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Jul 14, 2026
ORDER APPOINTING COUNSEL - IT IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court. The Court DEFERS consideration of the filing fee until Petitioner has an opportunity to address it with the assistance of counsel. IT IS HEREBY ORDERED Petitioner must either pay the filing fee, or submit an application to proceed in forma pauperis ("IFP Application"), by July 24, 2026. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. Attorney designation deadline: 7/16/2026. IT IS HEREBY ORDERED Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention (see Order for details). Federal Respondents must PRODUCE these materials to Petitioner's Counsel by July 17, 2026. On or before July 24, 2026, Petitioner must file an amended petition for a writ of habeas corpus unless the FPD declines to represent Petitioner. The Clerk of Court is kindly INSTRUCTED to: 1. ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 7/14/2026). 2. 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. (Ad hoc on 7/14/2026). 3. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. IT IS FURTHER ORDERED that Petitioner, with the assistance of counsel, will be responsible for serving any facility respondent named in the amended petition. Signed by Judge Richard F. Boulware, II on 7/14/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/14/2026)
Jul 14, 2026
Case randomly assigned to District Judge Richard F. Boulware, II and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (WJ)
Jul 14, 2026
Assign Judges in Civil Case
#4
Jul 16, 2026
NOTICE of Appearance by attorney Martin H Novillo on behalf of Petitioner Jose Rios-Rodriguez. (Novillo, Martin) (Entered: 07/16/2026)
Main Document:
Notice Appearance of Counsel
#5
Jul 17, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Botros, Tamer) (Entered: 07/17/2026)
Main Document:
Notice Appearance of Counsel
#6
Jul 17, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1-1) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 3 Order,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Federal Respondents' Answers to Interrogatories)(Botros, Tamer) (Entered: 07/17/2026)
Main Document:
Notice Other
#7
Jul 24, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Jose Rios-Rodriguez. Adds new parties. (Novillo, Martin) (Entered: 07/24/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#8
Jul 24, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Rios-Rodriguez.. (Novillo, Martin) (Entered: 07/24/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#9
Jul 25, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/25/2026.Before the Court are Mr. Jose Rios-Rodriguez's Motion for Leave to Proceed in Forma Pauperis (ECF No. 8 ) and First Amended Petition for Writ of Habeas Corpus (ECF No. 7 ).As a threshold matter, the Court has reviewed Mr. Rios-Rodriguez's financial circumstances, see generally Mot. for Leave to Proceed in Forma Pauperis, ECF No. 8, and concludes that he should not be required to pay the filing fee for this matter. See 28 U.S.C. § 1915(a). Therefore, IT IS HEREBY ORDERED Petitioner's Motion for Leave to Proceed in Forma Pauperis is GRANTED.Turning to the merits, the Court has reviewed the First Amended Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 6 ), and preliminarily finds that Mr. Rios-Rodriguez 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 29, 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.Finally, IT IS FURTHER ORDERED Petitioner has up to, and including, August 3, 2026, to reply.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 07/25/2026)
Jul 25, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#10
Jul 27, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Rios-Rodriguez. (DLS) (Entered: 07/28/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#11
Jul 28, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/28/2026.Before the Court is Mr. Jose Rios-Rodriguez's Motion for Leave to Proceed in Forma Pauperis (ECF No. 10 ). This motion is moot, as the Court has already waived the filing fee in this matter. See generally Min. Order, ECF No. 9 (July 25, 2026). Therefore, IT IS HEREBY ORDERED Petitioner's Motion for Leave to Proceed in Forma Pauperis (ECF No. 10 ) is DENIED as moot.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 07/28/2026)
Jul 28, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#12
Jul 29, 2026
NOTICE Federal Respondents Supplemental Notice Regarding Class Membership (ECF No. 1-1) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 9 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Minute Order,,,,,,,,. (Attachments: # 1 Exhibit A - Supplemental Documents Pertaining to Petitioner)(Botros, Tamer) (Entered: 07/29/2026)
Main Document:
Notice Other
#13
Aug 03, 2026
RESPONSE to 12 Notice (Other), by Petitioner Jose Rios-Rodriguez. (Novillo, Martin) (Entered: 08/03/2026)
Main Document:
Response
#14
Aug 07, 2026
ORDER - IT IS HEREBY ORDERED Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 7 ) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on August 8, 2026 between the hours of 1:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, without having established the reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. IT IS FURTHER ORDERED Respondents must return Petitioner's personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. IT IS FURTHER ORDERED Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). 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 adequate notice, to determine whether detention is appropriate under the INA and its implementing regulations. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by August 11, 2026 (see Order for details). The Clerk of Court is instructed to enter judgment accordingly and close this case. 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 8/7/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/07/2026)
#15
Aug 07, 2026
JUDGMENT entered per 14 Order. Signed by Clerk of Court Debra K. Kempi on 8/7/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/07/2026)
Main Document:
Judgment
#16
Aug 11, 2026
STATUS REPORT Federal Respondents' Status Report Pursuant to Court Order (ECF No. 14) by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Attachments: # 1 Exhibit A-Form I830E Pertaining to Petitioner)(Botros, Tamer) (Entered: 08/11/2026)
Main Document:
Status Report
#17
Aug 11, 2026
STATUS REPORT by Petitioner Jose Rios-Rodriguez. (Novillo, Martin) (Entered: 08/11/2026)
Main Document:
Status Report
Parties
Jose Rios-Rodriguez
Party
Todd Blanche
Party