District of Nevada • 2:26-cv-02260

Jose Murguia Aguilar v. Todd Blanche

Completed

Case Information

Filed: July 24, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 21, 2026
Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 24, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Murguia Aguilar Jose.. (Attachments: # 1 Petition WHC, # 2 Motion appoint Counsel)(WJ) (Entered: 07/27/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Jul 27, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02260-GMN-DJA. (WJ) (Entered: 07/27/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Jul 27, 2026
TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02260-GMN-DJA 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-02260-RFB-DJA. Signed by Judge Gloria M. Navarro and Richard F. Boulware, II on 7/27/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 07/27/2026)
Main Document: Order Reassign Judge
#4
Jul 27, 2026
ORDER - 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 IFP Application (ECF No. 1 -1) is GRANTED. IT IS HEREBY ORDERED Petitioners Motion to Appoint Counsel (ECF No. 1 -2) is GRANTED. Federal Public Defender for the United States District of Nevada (FPD) is APPOINTED to represent Petitioner. Attorney designation deadline: 7/28/2026. IT IS HEREBY ORDERED Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioners detention. Federal Respondents must PRODUCE these materials to Petitioners Counsel by July 29, 2026. On or before August 7, 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. 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 7/27/2026). 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 3. SEND, through CM/ECF, a courtesy copy of the Petition (ECF No. 1 -1), and this Order, to Counsel for Respondent John Mattos at ahesman@strucklove.com. (Ad hoc on 7/27/2026). 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 7/27/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/27/2026)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis
Jul 27, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (WJ)
Jul 27, 2026
Assign Judges in Civil Case
#5
Jul 28, 2026
NOTICE of Appearance by attorney Maria Jacob on behalf of Petitioner Jose Murguia Aguilar. (Jacob, Maria) (Entered: 07/28/2026)
Main Document: Notice Appearance of Counsel
#6
Jul 29, 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: 07/29/2026)
Main Document: Notice Appearance of Counsel
#7
Jul 29, 2026
NOTICE Federal Respondents Notice Regarding Class Membership and Federal Respondents Answers to Interrogatories (ECF No. 1) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Federal Respondents' Answers to Interrogatories)(Botros, Tamer) (Entered: 07/29/2026)
Main Document: Notice Other
#8
Aug 06, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Jose Murguia Aguilar. Adds new parties. (Jacob, Maria) (Entered: 08/06/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#9
Aug 10, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/10/2026.Before the Court is Mr. Murguia Aguilar'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 Mr. Murguia Aguilar 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 August 12, 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 and the Ninth Circuit. See generally Jacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026); Rodriguez Vazquez v. Bostock, --- F.4th ---, 2026 WL 2196424 (9th Cir. July 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 17, 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: 08/10/2026)
Aug 10, 2026
Minute Order
#10
Aug 13, 2026
NOTICE of Non Opposition by Jose Murguia Aguilar re 9 Minute Order,,,,,,,. (Jacob, Maria) (Entered: 08/13/2026)
Main Document: Notice Other
#11
Aug 14, 2026
NOTICE Federal Respondents Supplemental Notice Regarding Class (ECF No. 1) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 9 Minute Order,,,,,,,. (Botros, Tamer) (Entered: 08/14/2026)
Main Document: Notice Other
#12
Aug 17, 2026
REPLY to 8 Amended Petition for Writ of Habeas Corpus, 9 Minute Order,,,,,,, by Petitioner Jose Murguia Aguilar. (Jacob, Maria) (Entered: 08/17/2026)
Main Document: Reply
#13
Aug 21, 2026
ORDER - IT IS HEREBY ORDERED Mr. Murguia-Aguilar's 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 22, 2026, between the hours of 12:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT. (See Order for details). The Clerk of Court is kindly 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 8/21/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/21/2026)
Main Document: Order
#14
Aug 21, 2026
JUDGMENT entered per 13 Order. Signed by Clerk of Court Debra K. Kempi on 8/21/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/21/2026)
Main Document: Judgment
#15
Aug 24, 2026
Status Report
Main Document: Status Report

Parties

Jose Murguia Aguilar
Party
Todd Blanche
Party