District of Nevada • 2:26-cv-02155

Acuna-Cruz v. Blanche

Completed

Case Information

Filed: July 16, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Jennifer Anna Dorsey
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 04, 2026
Last Activity: August 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 16, 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: 07/16/2026)
Main Document: Receipt Initiating Documents
#2
Jul 16, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02155-JAD-BNW. (HAM) (Entered: 07/16/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Jul 16, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02155-JAD-BNW to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED 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-02155-RFB-BNW. Signed by Judge Jennifer A. Dorsey on 7/16/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 07/16/2026)
Main Document: Order Reassign Judge
#4
Jul 16, 2026
ORDER. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis by July 27, 2026. IT IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States District of 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 Petitioner's 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 Reggie Radar at christian.orme@cityofhenderson.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 Reggie Radar at Henderson Detention Center, 18 E. Basic Road, Henderson, NV 89015. 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: RR/CJA - ALZ) (Entered: 07/16/2026)
Main Document: Order AND ~Util - Add and Terminate Attorneys AND ~Util - Add and Terminate Parties
Jul 16, 2026
Assign Judges in Civil Case
Jul 16, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (HAM)
#5
Jul 20, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
Jul 20, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
Jul 21, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#8
Jul 21, 2026
Notice Other
Main Document: Notice Other
#9
Jul 27, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#10
Jul 27, 2026
Motion Leave to Proceed In Forma Pauperis on Appeal
Main Document: Motion Leave to Proceed In Forma Pauperis on Appeal
#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. Acuna-Cruz's First Amended Petition for Writ of Habeas Corpus (ECF No. 9 ) ("Petition") and Motion to Proceed in forma pauperis (ECF No. 10 ) ("IFP Application).As an initial matter, the Court finds good cause to grant Mr. Acuna-Cruz's IFP Application. See ECF No. 10 . Thus, IT IS HEREBY ORDERED that Mr. Acuna-Cruz's IFP Application (ECF No. 10 ) is GRANTED.Next, the Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 8 ), and preliminarily finds that Mr. Acuna-Cruz 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 identify it in their return.IT IS FURTHER ORDERED Petitioner has up to, and including,August 11, 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 - JT) (Entered: 07/28/2026)
Jul 28, 2026
Minute Order
#12
Jul 31, 2026
Notice Other
Main Document: Notice Other
#13
Aug 04, 2026
Motion Dismiss
Main Document: Motion Dismiss
#14
Aug 04, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/4/2026.Before the Court is Mr. Acuna Cruz's Motion to Dismiss his Amended Petition for Writ of Habeas Corpus (ECF No. 9 ). The Court construes Mr. Acuna Cruz's motion as a voluntary dismissal under Fed. R. Civ. P. 41(a). See also Fed. R. Civ. P. 81(a)(4). IT IS HEREBY ORDERED that Mr. Acuna Cruz's motion to dismiss (ECF No. 9 ) is GRANTED WITHOUT PREJUDICE.The Clerk of Court is kindly directed to enter judgment accordingly and close this case.(Copies have been distributed pursuant to the NEF - JT) (Entered: 08/04/2026)
Aug 04, 2026
Minute Order AND Order on Motion to Dismiss
#15
Aug 07, 2026
Judgment
Main Document: Judgment

Parties

Acuna-Cruz
Party
Blanche
Party