District of Nevada • 2:26-cv-02802

Padilla v. Blanche

Active

Case Information

Filed: September 03, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 01, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 03, 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: 09/04/2026)
Main Document: Receipt Initiating Documents
#2
Sep 04, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02802-RFB-BNW. (JQC) (Entered: 09/04/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Sep 04, 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 September 11, 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: 9/7/2026. 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 September 8, 2026. On or before September 8, 2026, Respondents must SHOW CAUSE for Petitioner's detention. The Clerk of Court is kindly INSTRUCTED to: 1.ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 9/4/2026). 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 9/4/2026) 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 9/4/2026) 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 9/4/2026) 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 9/4/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/04/2026)
Main Document: Order
Sep 04, 2026
Assign Judges in Civil Case
Sep 04, 2026
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (JQC)
#4
Sep 08, 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: 09/08/2026)
#5
Sep 08, 2026
NOTICE Federal Respondents Notice Regarding Class Membership Pursuant to Order Governing Procedures In This Case (ECF No. 3) by Michael Bernake, Todd Blanche, David Venturella, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 3 Order,,,,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Answers to Interrogatories)(Botros, Tamer) (Entered: 09/08/2026)
Main Document: Notice Other
#6
Sep 08, 2026
RESPONSE to 1 Receipt of Initiating Documents, 3 Order,,,,,,,,, by Respondent John Mattos. (Hesman, Ashlee) (Entered: 09/08/2026)
Main Document: Response
Sep 08, 2026
Notice of Appearance - AUSA Immigration only
#7
Sep 10, 2026
NOTICE of Appearance by Laura Angeline Barrera, Assistant Federal Public Defender appearing for Petitioner Yader Antonio Henry Padilla. (no image attached) (Barrera, Laura) (Entered: 09/10/2026)
Sep 10, 2026
Notice of Appearance - AFPD Immigration only
#8
Sep 11, 2026
NOTICE of Intent to File Amended Petition by Yader Antonio Henry Padilla re 3 Order,,,,,,,,,. (Barrera, Laura) (Entered: 09/11/2026)
Main Document: Notice Other
#9
Sep 17, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Yader Antonio Henry Padilla. Adds new parties. (Attachments: # 1 Exhibit 1) (Barrera, Laura) (Entered: 09/17/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#10
Sep 17, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Yader Antonio Henry Padilla.. (Barrera, Laura) (Entered: 09/17/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#11
Sep 21, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/21/2026.The Court has reviewed the First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 9 ), as well as Respondents' Notice Regarding Class Membership (ECF No. 5 ).As an initial matter, the Court finds good cause to grant Petitioner leave to proceed in forma pauperis. IT IS HEREBY ORDERED Petitioner's 10 Motion to Proceed in forma pauperis is GRANTED.Additionally, the Court 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, 834 F. Supp. 3d 1073 (D. Nev. 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 September 24, 2026. Id. Amongst other things, Respondents' return must: (a.) indicate whether Petitioner is, or is not, a member of the Jacobo-Ramirez Class; (b.) identify a specific statutory authority that authorizes Petitioner's 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 Petitioners 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, September 29, 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 ECF No. 3 .(Copies have been distributed pursuant to the NEF - JT) (Entered: 09/21/2026)
Sep 21, 2026
Minute Order
#12
Sep 22, 2026
NOTICE of Appearance by Martha Elena Menendez, Assistant Federal Public Defender appearing for Petitioner Yader Antonio Henry Padilla. (no image attached) (Menendez, Martha) (Entered: 09/22/2026)
Sep 22, 2026
Notice of Appearance - AFPD Immigration only
#13
Sep 23, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/23/2026. With good cause appearing, the Honorable Magistrate Judge Brenda Weksler recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - MAD) (Entered: 09/23/2026)
Sep 23, 2026
Minute Order Recusal
#14
Sep 25, 2026
CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Maximiliano D. Couvillier, III for all further proceedings. All further documents must bear the correct case number 2:26-cv-02802-RFB-MDC. (no image attached) (JQC) (Entered: 09/25/2026)
#15
Sep 25, 2026
NOTICE of Respondents Non-Opposition and Non-Compliance with ECF No. 11 by Yader Antonio Henry Padilla re 11 Minute Order,,,,,,,,,. (Menendez, Martha) (Entered: 09/25/2026)
Main Document: Notice Other
#16
Sep 25, 2026
MOTION to Extend Time (First Request) for Federal Respondents to File Return Certifying True Nature of Detention re 11 Minute Order,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, David Venturella, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. Responses are due by 10/9/2026. (Botros, Tamer) (presiding) (Entered: 09/25/2026)
Main Document: Motion Extend/Shorten Time
#17
Sep 25, 2026
RESPONSE to 15 Notice (Other), 11 Minute Order,,,,,,,,, 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: Response
Sep 25, 2026
Clerks Notice Reassign Judge
#18
Sep 29, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#19
Sep 30, 2026
Motion Strike
Main Document: Motion Strike
#20
Oct 01, 2026
Response
Main Document: Response

Parties

Blanche
Party
Padilla
Party