District of Nevada • 2:26-cv-02299
Miguel Reyes Garcia v. Todd Blanche
Active
Case Information
Filed: July 27, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 18, 2026
Parties:
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Docket Entries
#1
Jul 27, 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: 07/29/2026)
Main Document:
Receipt Initiating Documents
Jul 27, 2026
Case randomly assigned to District Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (WJ)
#2
Jul 29, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02299-JAD-BNW. (WJ) (Entered: 07/29/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Jul 29, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2-26-cv-02299-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-02299-RFB-BNW. Signed by Judge Jennifer A. Dorsey on 7/29/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 07/29/2026)
Main Document:
Order Reassign Judge
#4
Jul 29, 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. IT IS HEREBY ORDERED Petitioner must either pay the filing fee, or submi t an application to proceed in forma pauperis (IFP Application), by August 10, 2026. 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 t he FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by July 31, 2026. IT IS HEREBY ORDERED Federal Respondents must PRODUCE the records specified herein by August 3, 2026. IT IS HEREBY ORDER ED the schedule detailed herein will govern in this case. (See pdf order for specifics.) The Clerk of Court is kindly INSTRUCTED to: 1. ATTACH a copy of the Court's standard IFP Application to this Order. 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. 3. ADD the United States Attorney f or the District of Nevada to the docket as an Interested Party. Pursuant to the District of Nevada's General Order 2026-03 (Feb 13, 2026), this constitutes service on all Federal Respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 4. 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. 5. 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. Signed by Judge Richard F. Boulware, II on 7/29/2026. (Attachments: # 1 IFP Form w instructions NDOC) (Copies have been distributed pursuant to the NEF - DRM)
Jul 29, 2026
Assign Judges in Civil Case
#5
Jul 31, 2026
NOTICE of Appearance by attorney Sylvia A. Irvin on behalf of Petitioner Miguel Reyes Garcia. (Irvin, Sylvia) (Entered: 07/31/2026)
Main Document:
Notice Appearance of Counsel
#6
Aug 03, 2026
NOTICE of Appearance by attorney Ubong Akpan on behalf of Petitioner Miguel Reyes Garcia. (Akpan, Ubong) (Entered: 08/03/2026)
Main Document:
Notice Appearance of Counsel
#7
Aug 03, 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: 08/03/2026)
Main Document:
Notice Appearance of Counsel
#8
Aug 03, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 4 Order,,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 08/03/2026)
Main Document:
Notice Other
#9
Aug 10, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Miguel Reyes Garcia. No changes to parties. (Akpan, Ubong) (Entered: 08/10/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#10
Aug 10, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Miguel Reyes Garcia.. (Akpan, Ubong) (Entered: 08/10/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#11
Aug 10, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/10/2026.Before the Court is Mr. Reyes Garcia's First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 9 ) and Motion to Proceed in forma pauperis (the "IFP Application") (ECF No. 10 ).As a preliminary matter, upon reviewing Petitioner's financial circumstances, see generally ECF No. 10 ), the Court finds good cause to grant the IFP Application. Thus, IT IS HEREBY ORDERED that Petitioner's IFP Application (ECF No. 8 ) is GRANTED.The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 8 ), and preliminarily finds that Mr. Reyes Garcia 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 13, 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 18, 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 AND Order on Motion/Application to Proceed In Forma Pauperis
#12
Aug 13, 2026
RESPONSE to 11 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Minute Order,,,,,,,, 9 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 08/13/2026)
Main Document:
Response
#13
Aug 18, 2026
NOTICE of Non-Response to Amended Petition by Miguel Reyes Garcia re 9 Amended Petition for Writ of Habeas Corpus. (Akpan, Ubong) (Entered: 08/18/2026)
Main Document:
Notice Other
Parties
Miguel Reyes Garcia
Party
Todd Blanche
Party