Completed
Case Information
Filed: July 16, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Nancy J. Koppe
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 16, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jorge Dori Espinoza. (Attachments: # 1 Petition for Writ of Habeas Corpus)(HAM) (Entered: 07/16/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
Jul 16, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02153-CDS-NJK. (HAM) (Entered: 07/16/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Jul 16, 2026
TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02153-CDS-NJK to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. All further documents must bear the correct case number 2:26-cv-02153-RFB-NJK. Signed by Judge Cristina D. Silva and Judge Richard F. Boulware, II on 7/16/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 07/16/2026)
Main Document:
Order Reassign Judge
#4
Jul 16, 2026
ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States Nevada, absent leave of Court. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada (FPD) is APPOINTED to represent Petitioner. IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by July 20, 2026.IT IS HEREBY ORDERED Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention: See order. Federal Respondents must PRODUCE these materials to Petitioners Counsel by July 21, 2026. IT IS HEREBY ORDERED the following parameters will govern in this case. See order. The Clerk of Court is kindly INSTRUCTED to: 1. ADD the FPD to the docket as an "Attorney to be Noticed" using the following email address: ecf_nvchu@fd.org. 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1-1), and this Order, to Counsel for Respondent John Mattos at ahesman@strucklove.com. 4. MAIL a copy of the Petition (ECF No. 1-1), and this Order, pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. 5. UPDATE the docket to reflect the following substitutions of Respondents: (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). Signed by Judge Richard F. Boulware, II on 7/16/2026. (Copies have been distributed pursuant to the NEF - cc: CJA/JM - ALZ) (Entered: 07/16/2026)
Jul 16, 2026
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (HAM)
Jul 16, 2026
Assign Judges in Civil Case
#5
Jul 20, 2026
NOTICE of Appearance by attorney Chapman Noam on behalf of Petitioner Jorge Dori Espinoza. (Noam, Chapman) (Entered: 07/20/2026)
Main Document:
Notice Appearance of Counsel
#6
Jul 21, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 07/21/2026)
Main Document:
Notice Appearance of Counsel
#7
Jul 21, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1) by Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,, Add and Terminate Attorneys,,,,,,,, Add and Terminate Parties,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 07/21/2026)
Main Document:
Notice Other
#8
Jul 27, 2026
AMENDED PETITION for Writ of Habeas Corpus by Jorge Dori Espinoza. No changes to parties. (Noam, Chapman) (Entered: 07/27/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#9
Jul 29, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/29/2026. 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) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order
#10
Aug 03, 2026
NOTICE of Respondents' Non-Oppostion by Jorge Dori Espinoza re 9 Minute Order,,,,,,. (Noam, Chapman) (Entered: 08/03/2026)
Main Document:
Notice Other
#11
Aug 07, 2026
ORDER - IT IS HEREBY ORDERED Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. 8 ) 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 Petitioners 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. The Clerk of Court is kindly instructed to amend Petitioner's name on the docket to "Jorge Davi Espinoza," 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. Notice of Compliance is due by 8/8/2026. Clerk status check on 8/11/2026. Signed by Judge Richard F. Boulware, II on 8/7/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/07/2026)
#12
Aug 07, 2026
JUDGMENT entered per 11 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
#13
Aug 11, 2026
Joint STATUS REPORT Pursuant to Court Order (ECF No. 11) by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A-Bond Order and Form I-830)(Botros, Tamer) (Entered: 08/11/2026)
Main Document:
Status Report
Parties
Blanche
Party
Espinoza
Party