District of Nevada • 2:26-cv-02342

Flores Alvarez v. Blanche

Completed

Case Information

Filed: July 31, 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
Completed: August 28, 2026
Last Activity: September 01, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 31, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Hector Flores Alvarez. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Class membership Inquiry Form, # 3 Certificate of Service)(MAM) (Entered: 07/31/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Jul 31, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02342-CDS-BNW. (MAM) (Entered: 07/31/2026)
Main Document: Advisory Letter Habeas only - FORM
Jul 31, 2026
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (AF)
Jul 31, 2026
Assign Judges in Civil Case
#3
Aug 03, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02342-CDS-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-02342-RFB-BNW. Signed by Judge Cristina D. Silva and Judge Richard F. Boulware, II on 8/3/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 08/03/2026)
Main Document: Order Reassign Judge
#4
Aug 03, 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 Petitioner's IFP Application (ECF No. 1 ) is GRANTED. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. Attorney designation deadline: 8/5/2026. 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 August 6, 2026. On or before August 13, 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 8/3/2026). 2. ADD the FPD to the docket as an "Attorney to be Noticed" using the following email address: ecfnvchu@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 8/3/2026). 3. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 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. (Mailed on 8/3/2026). 6. UPDATE the docket to reflect the following substitutions of Respondents: (1) Ruben Leyva, Acting Director of the Salt Lake City Field Office of ICEEnforcement and Removal Operations, is substituted for Michael Bernacke; (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 8/3/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/03/2026)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis
#5
Aug 06, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Karri Ann Quihuis. (Botros, Tamer) (Entered: 08/06/2026)
Main Document: Notice Appearance of Counsel
#6
Aug 06, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1) by Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Karri Ann Quihuis re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 08/06/2026)
Main Document: Notice Other
#7
Aug 06, 2026
NOTICE of Appearance by attorney Ubong Akpan on behalf of Petitioner Jose Hector Flores Alvarez. (Akpan, Ubong) (Entered: 08/06/2026)
Main Document: Notice Appearance of Counsel
#8
Aug 14, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Jose Hector Flores Alvarez. No changes to parties. (Akpan, Ubong) (Entered: 08/14/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#9
Aug 14, 2026
MOTION to Extend Time (First Request) to Late File Amended Petition re 8 Amended Petition for Writ of Habeas Corpus by Petitioner Jose Hector Flores Alvarez. Responses are due by 8/28/2026. (Akpan, Ubong) (amend) (Entered: 08/14/2026)
Main Document: Motion Extend/Shorten Time
#10
Aug 14, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/14/2026. As a preliminary matter, the Court GRANTS Petitioner's 9 Motion to Extend Time nunc pro tunc, upon a finding of good cause.The Court has reviewed the First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 8 ), as well as Respondents' Notice Regarding Class Membership (ECF No. 6 ), 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 August 19, 2026. Amongst other thing, Respondents' return must: (a.) indicate whether Petitioner is, or is not, a member of the Jacobo-Ramirez Class; (b.) identify a specific authority that authorizes Petitioners detention; and (c.) attach any, and all, records that Respondents rely on to justify Petitioner's detention. As the Court's Order directing a response is clear, a failure by Respondents to properly respond to the Order and/or identify a specific authority that authorizes Petitioner's detention will be deemed an intentional waiver of any argument as to a lawful basis for detention and may also be considered a violation of the Court's Order. Such a waiver or failure to respond to the Court's Order may result in appropriate remedial action by the Court including granting of the writ forthwith, the striking of filings, and/or sanctions imposed on the parties or counsel. See 28 U.S.C.§ 2243. IT IS FURTHER ORDERED Petitioner has up to, and including, August 24, 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: 08/14/2026)
Aug 14, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#11
Aug 19, 2026
NOTICE Federal Respondents Supplemental Notice Regarding Class Membership (ECF No. 1) by Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Karri Ann Quihuis, David Venturella re 10 Order on Motion to Extend/Shorten Time,,,,,,,,,, Minute Order,,,,,,,,,. (Attachments: # 1 Exhibit A-Automated Case Information Website)(Botros, Tamer) (Entered: 08/19/2026)
Main Document: Notice Other
#12
Aug 24, 2026
REPLY to 10 Order on Motion to Extend/Shorten Time,,,,,,,,,, Minute Order,,,,,,,,, 11 Notice (Other), 8 Amended Petition for Writ of Habeas Corpus by Petitioner Jose Hector Flores Alvarez. (Akpan, Ubong) (Entered: 08/24/2026)
Main Document: Reply
#13
Aug 28, 2026
ORDER - IT IS HEREBY ORDERED Petitioner's First 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 29, 2026 between the hours of 12:00 P.M. and 3:00 P.M. 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 the Parties must file a JOINT STATUS REPORT by September 1, 2026. 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. Signed by Judge Richard F. Boulware, II on 8/28/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/28/2026)
Main Document: Order AND ~Util - Terminate Case
#14
Aug 28, 2026
JUDGMENT entered per 13 Order. Signed by Clerk of Court Debra K. Kempi on 8/28/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/28/2026)
Main Document: Judgment
#15
Sep 01, 2026
Joint STATUS REPORT by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Karri Ann Quihuis, David Venturella. (Botros, Tamer) (Entered: 09/01/2026)
Main Document: Status Report

Parties

Blanche
Party
Flores Alvarez
Party