District of Nevada • 2:26-cv-02555

Silva v. Blanche

Completed

Case Information

Filed: August 17, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 23, 2026
Last Activity: September 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 17, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition for Writ Of Habeas Corpus) (JQC) (Entered: 08/18/2026)
Main Document: Receipt Initiating Documents
#2
Aug 18, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02555-RFB-EJY. (JQC) (Entered: 08/18/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Aug 18, 2026
ORDER - the Court DEFERS consideration of the filing fee until Petitioner has an opportunity to address it with the assistance of counsel. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis ("IFP Application"), by August 25, 2026. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. Attorney designation deadline: 8/19/2026. IT IS HEREBY ORDERED WARDEN JOHN MATTOS is JOINED to this case as a necessary party. 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 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 20, 2026. On or before August 20, 2026, Respondents must SHOW CAUSE for Petitioner's detention. Show Cause Response is due by 8/20/2026. On or before August 25, 2026, Petitioner must file a traverse which replies to Respondents' return; upon receipt of the traverse, the Court will consider this matter fully briefed and will rule on the original petition in due course. The Clerk of Court is kindly INSTRUCTED to: 1. ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 8/18/2026). 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. (Ad hoc on 8/18/2026). 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. (Ad hoc on 8/18/2026). 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 8/18/2026). 6.UPDATE the docket to reflect the following substitutions of Respondents: (1) Ruben Leyva, Acting Director of the Salt Lake City Field Office of ICE Enforcement and Removal Operations, is substituted for Michael Bernake; (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 8/18/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/18/2026)
Main Document: Order
Attachment 1: IFP Form with Instructions
Aug 18, 2026
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (JQC)
Aug 18, 2026
Assign Judges in Civil Case
#4
Aug 19, 2026
NOTICE of Appearance by attorney Wendi L Overmyer on behalf of Petitioner Jhon Alexander Silva. (Overmyer, Wendi) (Entered: 08/19/2026)
Main Document: Notice Appearance of Counsel
#5
Aug 25, 2026
RESPONSE to 3 Order,,,,,,,,,,, by Respondent John Mattos. (Hesman, Ashlee) (Entered: 08/25/2026)
Main Document: Response
#6
Aug 25, 2026
TRAVERSE re 3 Order,,,,,,,,,,, 5 Response by Petitioner Jhon Alexander Silva. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Overmyer, Wendi) (Entered: 08/25/2026)
Main Document: Traverse
#7
Sep 23, 2026
IT IS HEREBY ORDERED the Petition for Writ of Habeas Corpus (ECF No. 1 -1) is GRANTED. IT IS FURTHER ORDERED that Respondents must RELEASE Petitioner from detention on September 24, 2026, between the hours of 12:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED Petitioners must be released on their own recognizance. IT IS FURTHER ORDERED Respondents must RETURN Petitioners personal property, including personal identification and employment authorization documents, UPON HIS RELEASE. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by September 25, 2026. (See Order for details). The Clerk of Court is kindly instructed to enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 9/23/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/23/2026)
Main Document: Order AND ~Util - Terminate Case
#8
Sep 23, 2026
JUDGMENT entered per 7 Order. Signed by Clerk of Court Debra K. Kempi on 9/23/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/23/2026)
Main Document: Judgment
#9
Sep 25, 2026
NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Michael Bernake, Todd Blanche, David Venturella, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (no image attached) (Botros, Tamer) (Entered: 09/25/2026)
#10
Sep 25, 2026
Joint STATUS REPORT by Respondents Michael Bernake, Todd Blanche, David Venturella, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 09/25/2026)
Main Document: Status Report
Sep 25, 2026
Notice of Appearance - AUSA Immigration only

Parties

Blanche
Party
Silva
Party