District of Nevada • 2:25-cv-02445

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Dec 09, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8279931) by Horacio Garcia-Covarrubias. (Vasquez, Heron) (Entered: 12/09/2025)

Dec 09, 2025

Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (AMMi)

Dec 10, 2025

Assign Judges in Civil Case

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Dec 16, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/16/2025.Petitioner Garcia-Covarrubias, immigration detainee, has filed a counseled 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. It appears the Petition asks this Court only to enforce the court's order in Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, --- F. Supp. 3d ----, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025). However, the Court notes there is a pending motion for reconsideration and clarification filed by class counsel regarding that order currently before Judge Sykes, wherein the parties dispute the finality and enforceability of the class wide declaratory judgment. See id. at ECF Nos. 89-90.The Court thus seeks clarification as to whether Petitioner additionally or alternatively seeks relief on the merits of Petitioner's claim that he is entitled to a bond hearing under 8 U.S.C. § 1226(a).Additionally, the 1 Petition lacks a verification by counsel, as required by 28 U.S.C. § 2242 ("Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting on his behalf."). The 1 Petition also requests the Court order Petitioner's release within one day, "since an alternative order was issued by the Immigration Judge (IJ)." See ECF No. 1 at 7. However, the 1 Petition contains no details about any custody redetermination hearing or order regarding bond by an IJ as to Petitioner.Therefore, IT IS HEREBY ORDERED that Petitioner's counsel shall file an amended verified petition which clarifies the requested relief as discussed above, on or before December 19, 2025. The amended petition must comply with LR IA 10-1 and be filed as a "searchable Portable Document Format (PDF)." The Court will then screen the amended verified petition pursuant to 28 U.S.C. § 2243.Amended Verified Petition is due by 12/19/2025. (Copies have been distributed pursuant to the NEF - IML) (Entered: 12/16/2025)

Dec 16, 2025

Minute Order

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Dec 20, 2025

Petition Writ of Habeas Corpus Amended

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Dec 20, 2025

Exhibit

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Dec 22, 2025

Order AND Order Show Cause

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Dec 22, 2025

Notice Appearance of Counsel

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Dec 30, 2025

USM Return

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Dec 30, 2025

Motion Extend/Shorten Time

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Dec 31, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/31/2025.Before the Court is Respondents' 8 Motion to extend time to respond to 5 this Court's Order to Show Cause.The Court makes the following findings:1. Respondents necessarily would have to possess the following documents to detain Petitioner: Notice to Appear (Form I-862), Form I-213, Form I-286, and in most cases, an arrest warrant.2. These documents are uniquely in the possession of Respondents as the agencies and individuals responsible for Petitioner's detention. Therefore, Respondents have the responsibility to preserve these documents and make them available to Petitioner.3. Given the statutory and constitutional rights at issue, Respondents have a duty and obligation to ensure they have adequate resources to maintain and provide accurate information regarding people whom they arrest or detain.Furthermore, Respondents have now been party to dozens of substantially similar immigration matters before this Court and submitted near-identical arguments in essentially every response and/or return. The Court has already granted Respondents' counsel leave to incorporate by reference their prior pleadings for this precise reason.For these reasons, and because of the ongoing prejudice Petitioner suffers as a result of this delay, the Court finds that there is not good cause nor evidence of excusable neglect sufficient to grant an an extension greater than 4 days, absent exceptional circumstances. The administrative burdens cited by Respondents do not constitute exceptional circumstances in the instant case.Therefore, IT IS HEREBY ORDERED that Respondents' Motion is GRANTED in part. Respondents' deadline to file a Return is hereby extended to 1/2/2026. Petitioner's deadline to file a Traverse is accordingly extended to 1/5/2026. The Court advises the parties that no further extensions will be granted absent a showing of exceptional circumstances. (Entered: 12/31/2025)

Dec 31, 2025

Order on Motion to Extend/Shorten Time

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Jan 02, 2026

Response

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Jan 05, 2026

ORDER. IT IS HEREBY ORDERED that Petitioner Horacio Garcia Covarrubiass Amended Petition for Writ of Habeas Corpus is GRANTED. Respondents are ORDERED to release Petitioner from custody by 11:00 a.m. on January 6, 2026. Petitioner shall be subject to the bond and other conditions imposed by the IJ. IT IS FURTHER ORDERED that the parties shall file a joint notice of compliance with this Order by January 7, 2026. The Court has received notice of the hardship other petitioners have incurre d in their efforts to satisfy bond, and therefore, the Court FURTHER ORDERS that Petitioner be afforded until February 20, 2026, to satisfy any monetary bond conditions. See Order for further details. Signed by Judge Richard F. Boulware, II on 1/5/2026. (Copies have been distributed pursuant to the NEF - JG)

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Jan 07, 2026

Status Report

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Feb 04, 2026

Motion Attorney Fees

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Feb 18, 2026

Response