District of Nevada • 2:26-cv-02811

Pena v. Blanche

Active

Case Information

Filed: September 04, 2026
Assigned to: Cristina D. Silva
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 04, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Helver Lopez Pena. (Attachments: # 1 Petition for Writ of Habeas Corpus)(HAM) (Entered: 09/04/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Sep 04, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02811-CDS-EJY. (HAM) (Entered: 09/04/2026)
Main Document: Advisory Letter Habeas only - FORM
Sep 04, 2026
Assign Judges in Civil Case
Sep 04, 2026
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (HAM)
#3
Sep 11, 2026
ORDER Service and Appointment. IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent the petitioner and is directed to file a notice of appearance (or indicate its inability to represent the petitioner) by September 18, 2026. If the FPD is unable to represent the petitioner, alternate counsel will be appointed. Appointed counsel will represent the petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. If the FPD files a notice of appearance in this matter, it (1) will then have 14 days to file either an amended petition or a motion to dismiss the petition, and (2) must effectuate service of the amended petition, if one is filed, on the respondents. IT IS FURTHER ORDERED that the petitioner's IFP application [ECF No. 1 ] is granted. IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 1. FILE the petition (ECF No. 1 -1). The petition (ECF No. 1 -1) is deferred. 2. ADD the USAO to the docket as an Interested Party. Pursuant to District of Nevada's General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. The USAO is not required to file a response to the petition at this time. 3. SEND a copy of the petition (ECF No. 1 -1) and this order to the Federal Public Defender at ecf_nvchu@fd.org, the petitioner, and the CJA Coordinator for this division. 4. 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, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. 5. SEND a courtesy copy of the petition (ECF No. 1-1) and this order to Ashley Hesman (Mattos's attorney) at ahesman@strucklove.com. IT IS FURTHER ORDERED that the parties must meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. Any motion for extension must certify efforts taken to meet and confer and indicate the opposing party's position regarding the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules IA 6-1, 6-2. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this District, with the exception of effectuating the petitioner's lawful deportation, until further order of the court. In the event of lawful deportation, the respondents' counsel must file a notice with the court within five days of removal. Signed by Judge Cristina D. Silva on 9/11/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 09/14/2026)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis AND ~Util - Add and Terminate Attorneys
#4
Sep 11, 2026
PETITION for Writ of Habeas Corpus by Helver Lopez Pena. The petition is deferred per 3 Order. (JG) (Entered: 09/14/2026)
Main Document: Petition Writ of Habeas Corpus
#5
Sep 16, 2026
NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (no image attached) (Botros, Tamer) (Entered: 09/16/2026)
#6
Sep 16, 2026
MOTION to Dismiss 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,,,,,,, Add and Terminate Attorneys,,,,,,,,,,, 4 Petition for Writ of Habeas Corpus by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. Responses are due by 9/30/2026 Certificate of Interested Parties is due by 9/26/2026. Discovery Plan/Scheduling Order is due by 10/31/2026.. (Attachments: # 1 Exhibit A & B - Bond Order and Form I-830 E)(Botros, Tamer) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 09/16/2026)
Main Document: Motion Dismiss
#7
Sep 16, 2026
Mail Returned as Undeliverable re 2 Advisory Letter Habeas only - FORM addressed to Helver Lopez Pena. Note: RTS, Insufficient address. (JG) (Entered: 09/16/2026)
Main Document: Mail Returned
Sep 16, 2026
Notice of Appearance - AUSA Immigration only
#8
Sep 18, 2026
NOTICE of Appearance by Emma Lauren Smith, Assistant Federal Public Defender appearing for Petitioner Helver Lopez Pena. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (Smith, Emma) (Entered: 09/18/2026)
Sep 18, 2026
Notice of Appearance - AFPD Immigration only
#9
Oct 02, 2026
Notice Voluntary Dismissal
Main Document: Notice Voluntary Dismissal

Parties

Blanche
Party
Pena
Party