District of Utah • 1:26-cv-00133

Pinero Granado v. Leyva

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Case Information

Filed: August 14, 2026
Assigned to: Howard Curtis Nielson Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
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Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 14, 2026
PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 with In Forma Pauperis request filed by Enyer Jesus Pinero Granado. (Attachments: # 1 Exhibit Entry Documents, # 2 Exhibit I-94, # 3 Exhibit Work Authorization, # 4 Exhibit I-485 Receipt, # 5 Exhibit Docket 1, # 6 Exhibit Docket 2, # 7 Exhibit Information, # 8 Exhibit Detainee Locator, # 9 Exhibit EOIR Information, # 10 Exhibit Artieda Declaration, # 11 Exhibit Burman Declaration, # 12 Exhibit Salazar Declaration - National, # 13 Exhibit Salazar Declaration - Adelanto, # 14 Civil Cover Sheet) (McMurray, Benjamin) (Entered: 08/14/2026)
Main Document: PETITION
#2
Aug 14, 2026
MOTION for Leave to Proceed in forma pauperis. filed by Petitioner Enyer Jesus Pinero Granado. (McMurray, Benjamin) (Entered: 08/14/2026)
Main Document: Motion for Leave to Proceed In Forma Pauperis (Atty)
#3
Aug 14, 2026
Emergency MOTION to Stay and Memorandum in Support Stay of Transfer or Deportation filed by Petitioner Enyer Jesus Pinero Granado. (Attachments: # 1 Text of Proposed Order)(McMurray, Benjamin) (Entered: 08/14/2026)
Main Document: Stay
#4
Aug 14, 2026
CERTIFICATE OF SERVICE by Enyer Jesus Pinero Granado re 1 Petition for Writ of Habeas Corpus,, 3 Emergency MOTION to Stay and Memorandum in Support Stay of Transfer or Deportation (McMurray, Benjamin) (Entered: 08/14/2026)
Main Document: CERTIFICATE
#5
Aug 14, 2026
REMARK: Courtesy email regarding case filing sent to USAO duty attorney. (faf) (Entered: 08/14/2026)
Aug 14, 2026
Judge Howard C. Nielson, Jr added. Case number will now read 1:26-cv-00133-HCN. Please make changes to document captions accordingly. (faf)
#6
Aug 15, 2026
DOCKET TEXT ORDER. 2 Motion for Leave to Proceed in Forma Pauperis is GRANTED. In accordance with Federal Rule of Civil Procedure 4(c)(3), the U.S. Marshals Service shall promptly serve Respondents with (1) summons, (2) a copy of 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, and (3) a copy of this docket text order. With respect to Respondents Todd Blanche, Markwayne Mullin, David Venturella, and Ruben Leyva, the U.S. Marshals Service shall send summons, as well as copies of the petition and this order, by certified or registered mail to (1) the civil-process clerk at the office of the United States Attorney for the District of Utah, (2) the Attorney General of the United States at Washington, D.C., and (3) each respondent or his successor in office, in accordance with Federal Rule of Civil Procedure 4(i)(1)(2).With respect to Respondent Ryan Arbon, the U.S. Marshals Service shall serve him summons, as well as copies of the petition and this order, by any method authorized under Federal Rule of Civil Procedure 4(e).The Respondents shall respond to 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 no later than 72 hours after receipt of the service required by this order. Respondents may file joint or separate responses. Among other things, Respondents shall address whether Petitioner was detained within the District of Utah at the time the petition was filed early in the morning on August 15, 2026. Petitioner may reply no later than 48 hours after Respondents file their response(s). If any of these deadlines falls on a weekend or a federal holiday, the response or reply may be filed by the end of the next business day. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 08/15/2026. No attached document. (cdb) (Entered: 08/15/2026) (Entered: 08/15/2026)
#7
Aug 15, 2026
DOCKET TEXT ORDER. Petitioner seeks a stay barring the Government from transferring him to any location more than 90 minutes from the Utah immigration court pending disposition of his petition for a writ of habeas corpus under 28 U.S.C. § 2241. But counsel for Petitioner was unable to confirm through the U.S. Immigration and Customs Enforcements Online Detainee Locator System that Petitioner was still detained in Utah at the time he filed this action early on August 14, 2026, see Dkt. No. 1 at 5 n.2, and, as of August 15, 2026, that system indicates that Petitioner is detained in California. Even assuming that the Petitioner was detained in the District of Utah when this action was filed and that the court thus has jurisdiction to consider his petition, the request for a stay barring Petitioner's transfer has now been overtaken by events and may well be moot. In passing, Petitioner also requests a stay barring his removal pending resolution of his habeas petition. But he fails to argue, let alone demonstrate, that such a stay will prevent irreparable harm that he would likely suffer absent such relief. See Nken v. Holder, 556 U.S., 418, 434 (2009). Indeed, in his petition he neither contends that his removal from the United States would be unlawful nor seeks a court order barring his removal. And it is far from clear that the court would have jurisdiction to consider such an argument or to grant such relief in all events. See 8 U.S.C. §§ 1252(g) and 1252(b)(9). Rather, Petitioner argues that his detention during the pendency of the removal proceedings that appear to be pending against him is unlawful. But a stay of removal pending disposition of his habeas petition would not remedy any irreparable injury associated with that detention. To the contrary, such a stay could potentially prolong that detention and thus increase such injury. For the foregoing reasons, 3 Emergency Motion to Stay Transfer During Pendency of 1 Petition is DENIED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 08/15/2026. No attached document. (cdb) (Entered: 08/15/2026) (Entered: 08/15/2026)
Aug 15, 2026
Order on Motion to Stay
Aug 15, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
#8
Aug 17, 2026
DOCKET TEXT ORDER. Counsel for Petitioner shall prepare and present a summons for each respondent to the clerk's office for signature and seal in accordance with Federal Rule of Civil Procedure 4(b). Once these documents have been signed and sealed, the clerks office shall promptly provide them to the United States Marshals Service for service. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 08/17/2026. No attached document. (cdb) (Entered: 08/17/2026)
Aug 17, 2026
Order
#16
Aug 24, 2026
Change Venue
Main Document: Change Venue