District of Nevada • 2:26-cv-02808

Hernandez v. Blanche

Active

Case Information

Filed: September 03, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 30, 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 WHC, # 2 class membership) (WJ) (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-02808-GMN-DJA. (WJ) (Entered: 09/04/2026)
Main Document: Advisory Letter Habeas only - FORM
Sep 04, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (WJ)
Sep 04, 2026
Assign Judges in Civil Case
#3
Sep 11, 2026
ORDER - IT IS HEREBY ORDERED that Respondents are ENJOINED from removing or transferring Petitioner outside of the District of Nevada pending further order of the Court. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. Attorney designation deadline: 9/13/2026. IT IS FURTHER ORDERED that the Clerk of the Court is respectfully instructed to ADD the FPD to the docket as an Attorney to be Noticed using the following email address: ecf_nvchu@fd.org. (Ad hoc on 9/11/2026). IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to SEND a copy of this Order to the FPD and CJA Resource Counsel. (Ad hoc on 9/11/2026). IT IS FURTHER ORDERED the FPD must FILE a notice of appearance or ADVISE the Court and CJA Resource Counsel that it cannot represent Petitioner, within 2 days of this Order (due by 9/13/2026) being docketed in this case. IT IS FURTHER ORDERED that, within 10 days of this order (due by 9/21/2026), Petitioner's counsel must file redacted versions of any initiating documents containing personal-data identifiers. IT IS HEREBY ORDERED Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioners detention. (See Order for details). Respondents must PRODUCE these documents to Petitioners Counsel within 3 days of this Order (due by 9/14/2026) being docketed in this case. IT IS HEREBY ORDERED the Clerk of Court is respectfully instructed to ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. IT IS FURTHER ORDERED Petitioner, with the assistance of counsel, must serve the warden of the facility where they are detained with a copy of their petition and this Order. Signed by Judge Richard F. Boulware, II on 9/11/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/11/2026)
Main Document: Order
#4
Sep 14, 2026
NOTICE of Appearance by James Sweetin, Assistant United States Attorney appearing for Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (no image attached) (Sweetin, James) (Entered: 09/14/2026)
#5
Sep 14, 2026
Unopposed MOTION to Extend Time (First Request) for Federal Respondents to Produce Documents, File a Notice Regarding Class Membership and Detention Authority and Responses to Interrogatories re 3 Order,,,,,,, by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. Responses are due by 9/28/2026. (Sweetin, James) (presiding) (Entered: 09/14/2026)
Main Document: Motion Extend/Shorten Time
Sep 14, 2026
Notice of Appearance - AUSA Immigration only
#6
Sep 16, 2026
ORDER Granting 5 Unopposed MOTION to Extend Time for Federal Respondents to Produce Documents, File a Notice Regarding Class Membership and Detention Authority and Responses to Interrogatories through and including 9/16/2026. Signed by Judge Gloria M. Navarro on 9/16/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 09/16/2026)
Main Document: Order AND Order on Motion to Extend/Shorten Time
#7
Sep 16, 2026
NOTICE of Class Membership Pursuant to Court Order (ECF No. 3) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 3 Order,,,,,,,. (Attachments: # 1 Exhibit A)(Sweetin, James) (Entered: 09/16/2026)
Main Document: Notice Other
#8
Sep 16, 2026
NOTICE of Compliance Pursuant to Court Order (ECF No. 3) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 3 Order,,,,,,,. (Attachments: # 1 Exhibit A)(Sweetin, James) (Entered: 09/16/2026)
Main Document: Notice Other
#9
Sep 17, 2026
NOTICE of Appearance by Wendi L Overmyer, Assistant Federal Public Defender appearing for Petitioner Gerardo Rosas Hernandez. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (Overmyer, Wendi) (Entered: 09/17/2026)
Sep 17, 2026
Notice of Appearance - AFPD Immigration only
#10
Sep 21, 2026
AMENDED PETITION for Writ of Habeas Corpus by Gerardo Rosas Hernandez. No changes to parties. (Overmyer, Wendi) (Entered: 09/21/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#11
Sep 21, 2026
TRANSFER ORDER - IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02808-GMN-DJA to Judge Richard F. Boulware, II. All further documents must bear the correct case number 2:26-cv-02808-RFB-DJA. IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Signed by Judges Richard F. Boulware, II, and Gloria M. Navarro on 9/21/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 09/22/2026)
Main Document: Order Reassign Judge
#12
Sep 22, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/22/2026.The Court has reviewed the First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 10 ), as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), 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, 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 25, 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 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 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 30, 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 Service Order, ECF No. 3 . (Copies have been distributed pursuant to the NEF - JT) (Entered: 09/22/2026)
Sep 22, 2026
Minute Order
#13
Sep 25, 2026
RESPONSE to 10 Amended Petition for Writ of Habeas Corpus by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Attachments: # 1 Exhibit A)(Sweetin, James) (Entered: 09/25/2026)
Main Document: Response
#14
Sep 30, 2026
Reply
Main Document: Reply

Parties

Blanche
Party
Hernandez
Party