Active
Case Information
Filed: September 18, 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:
September 24, 2026
Parties:
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Docket Entries
#1
Sep 18, 2026
PETITION for Writ of Habeas Corpus by Mario Lunares Varela. (Attachments: # 1 Receipt # 200021889, # 2 Class Action Notice, # 3 Certificate of Service) (JQC) (Entered: 09/21/2026)
Main Document:
Petition Writ of Habeas Corpus
Sep 18, 2026
Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Maximiliano D. Couvillier, III. Based upon judicial economy and the efficient use of court resources, the judges of this District have decided that all immigration habeas cases shall be initially assigned to one district judge during the screening process. Accordingly, this case is directly assigned to Judge Richard F. Boulware, II until further order by the Court. Nature of Suit: 463 - Habeas Immigration (AMMi)
Sep 18, 2026
Assign Judge RFB in Immigration Case
#2
Sep 21, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-03006-RFB-MDC. (JQC) (Entered: 09/21/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Sep 21, 2026
ORDER - IT IS HEREBY ORDERED Respondents are ENJOINED from removing, or transferring, Petitioner outside of the District of Nevada pending further order of the Court. The Court DEFERS consideration of Petitioner's filing fee, or application to proceed in forma pauperis ("IFP Application"), until Petitioner has an informed opportunity to properly satisfy these requirements with the assistance of counsel. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an IFP Application within 10 days. Payment of filing fee is due by 10/1/2026. IT IS FURTHER ORDERED the Clerk of Court is respectfully instructed to attach a copy of the Court's standard IFP Application to this Order. (Sent on 9/21/2026). IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. 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 9/21/2026). 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 being docketed in this case. Attorney designation deadline: 9/23/2026. 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 9/21/2026). IT IS HEREBY ORDERED Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention. (See Order for details). Respondents must PRODUCE these documents to Petitioner's Counsel within 3 days of this Order being docketed in this case. Notice of Compliance is due by 9/24/2026. Within 3 days, Respondents must file a response that SHOWS CAUSE for Petitioner' detention by "certifying [its] true cause." 28 U.S.C. § 2243. Show Cause Response is due by 9/24/2026. 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 within 4 days (due by 9/25/2026). Signed by Judge Richard F. Boulware, II on 9/21/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/21/2026)
#4
Sep 21, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/21/2026. IT IS HEREBY ORDERED that the Court joins Petitioner's immediate custodian as a necessary party to this case. Federal courts may add necessary parties to a proceeding sua sponte. See CP Nat. Corp. v. Bonneville Power Admin, 928 F.2d 905, 911 (9th Cir. 1991); Est. of Mendez v. City of Ceres, 390 F. Supp. 3d 1189, 1200 (E.D. Cal. 2019) (same). Under Federal Rule of Civil Procedure 19(a), the Court "must order that [a] person be made a party" if it "cannot accord complete relief among existing parties." Fed. R. Civ. P. 19(a); see also Fed. R. Civ. P. 81 (clarifying that the Federal Rules of Civil Procedure generally govern habeas corpus proceedings). It is well-settled that the proper respondent in habeas challenges to present physical confinement is "the warden of the facility where the [Petitioner] is being held"; after all, the warden serves as the Petitioner's "immediate custodian." Doe v. Garland, 109 F.4th 1188, 1195 (9th Cir. 2024) (citations omitted). Since the Warden of the Nevada Southern Detention Center is "the person with the ability to produce [Petitioner]" before this Court, the Court concludes that they are a necessary party to this habeas proceeding, as they are ultimately responsible for effectuating Petitioner's release from unlawful confinement. See Rumsfeld v. Padilla, 542 U.S. 426, 43536 (2004) (citations and quotation marks omitted) (emphasis added). Therefore, IT IS HEREBY FURTHER ORDERED John Mattos is JOINED to this case as a necessary party. (no image attached) (Copies have been distributed pursuant to the NEF - CH) (Entered: 09/21/2026)
Sep 21, 2026
Warden Joinder Minute Order
Sep 23, 2026
Notice of Appearance - AFPD Immigration only
#7
Sep 24, 2026
Response
Main Document:
Response
Sep 24, 2026
Notice of Appearance - AUSA Immigration only
Parties
Blanche
Party
Lunares Varela
Party