District of Nevada • 2:25-cv-02544

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Dec 19, 2025

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Jose Rojas-Lara.. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Certificate of Service, # 3 Exhibits/Documents)(AF) (Entered: 12/19/2025)

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Dec 19, 2025

MOTION for Appointment of Counsel by Plaintiff Jose Rojas-Lara. (AF) (Entered: 12/19/2025)

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Dec 19, 2025

NOTICE from USDC advising case against Jose Rojas-Lara, et al., has been received and assigned case number 2:25-cv-02544-MMD-EJY. (AF) (Entered: 12/19/2025)

Dec 19, 2025

Assign Judges in Civil Case

Dec 19, 2025

Case randomly assigned to Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (AF)

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Dec 22, 2025

Order

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Dec 22, 2025

CLERK'S NOTICE that this case is reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:25-cv-02544-RFB-EJY. (no image attached) (RJDG) (Entered: 12/22/2025)

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Dec 22, 2025

Order AND Order on Motion for Appointment of Counsel AND Order on Motion/Application to Proceed In Forma Pauperis

Dec 22, 2025

Clerks Notice Reassign Judge

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Dec 23, 2025

Notice Appearance of Counsel

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Dec 29, 2025

Notice Appearance of Counsel

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Dec 29, 2025

Notice Appearance of Counsel

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Dec 29, 2025

Unopposed Motion

Dec 29, 2025

Attorney update in case: Attorney Rene Valladares withdrawn from the case. (Novillo, Martin)

Dec 29, 2025

Withdraw Counsel

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Dec 30, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/30/2025.Good cause appearing, IT IS HEREBY ORDERED that the 10 Unopposed Motion for Extension of Time for Respondents to file a return to the 1 Petition is GRANTED. Respondents return is due by 1/5/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 12/30/2025)

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Dec 30, 2025

USM Return

Dec 30, 2025

Minute Order AND Order on Unopposed Motion

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Jan 02, 2026

Notice Appearance of Counsel

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Jan 05, 2026

Motion Extend/Shorten Time

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Jan 06, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/6/2026.Pending before the Court is Respondents' 14 Motion to Extend the deadline to file their return to the Petition, which Petitioner opposes. Respondents were served the Court's 6 Order to Show Cause on 12/22/2025, and were given until December 29, 2025 to file their return. Respondents then filed an 10 unopposed motion to extend the deadline citing delays by the agency in providing "the necessary information regarding this Petitioner, to prepare the responses to the petition." See ECF No. 10 at 2-3. In consenting to the extension, Petitioner's counsel specifically indicated that she would oppose any additional extension. See ECF No. 10-1. The Court granted the extension, and as a result, Respondents have now had over two weeks to gather relevant information regarding Petitioner and prepare a response. The Court makes the following findings regarding the agency's delay: 1. DHS/ICE necessarily would have to possess and have gathered relevant documents to arrest and detain Petitioner, including but not limited to a Notice to Appear (Form I-862), Form I-213, Form I-286, and in most cases, an arrest warrant. Respondents have not identified what specific documents or other information is needed to prepare their response, nor why they have been unable to provide it promptly. 2. These documents are uniquely in the possession of Respondents as the agencies and individuals responsible for Petitioner's detention. Therefore, Respondents have the responsibility to preserve these documents and make them readily available to Petitioner in a habeas proceeding, where Petitioner has an indisputable, statutorily guaranteed right to expedited resolution. See Yong v. I.N.S., 208 F.3d 1116, 1119-20 (9th Cir. 2000) (citing 28 U.S.C. § 2243). 3. Given the statutory and constitutional rights at issue, Respondents have a duty and obligation to ensure they have adequate staff and resources to maintain and readily provide accurate information regarding people whom they arrest or detain. Furthermore, Respondents have now been party to dozens of substantially similar immigration habeas matters before this Court and submitted near-identical arguments in essentially every response and/or return. The Court has already granted Respondents' counsel leave to incorporate by reference their prior briefing for this precise reason. For these reasons, the Court finds that there is not good cause for the requested extension, because the agency has not demonstrated due diligence under these circumstances. The Court will therefore grant a limited, 1 day extension, and no additional extension will be granted to Respondents absent extraordinary circumstances.Therefore, IT IS HEREBY ORDERED that the 14 Motion to Extend Time is GRANTED in part and DENIED in part. Respondents have until 1/6/2025 to file their Return. (Copies have been distributed pursuant to the NEF - IML) (Entered: 01/06/2026)

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Jan 06, 2026

Response

Jan 06, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

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Jan 12, 2026

Joinder

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Jan 12, 2026

Motion Extend/Shorten Time

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Jan 13, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/13/2026.Pending before the Court is Petitioner's 18 Motion to Extend Time to file his traverse. Good cause appearing, IT IS HEREBY ORDERED that the 18 Motion is GRANTED. Petitioner's traverse is due on or before 1/16/2026.The 18 Motion also describes Respondents' failure to comply with this Court's 6 Order, which required Respondents to file all documents "referenced or relied upon" in their Return. See ECF No 6 at 3.Therefore, IT IS FURTHER ORDERED that on or before 1/14/2026, Respondents MUST SUPPLEMENT their 16 Return in compliance with the Court's 6 Order. They must file the I-286 Notice to Appear and I-213 reflecting that Petitioner was initially encountered and placed in removal proceedings in 2022, the order of the immigration judge vacating the negative credible fear finding, and the order of the immigration judge denying Petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture, as referenced in Respondents' Return. See ECF No. 16 at 2-3. If no such documents exist to support Respondents' factual representations in their Return, they must so indicate. See ECF No. 6 at 3.Petitioner's traverse is due by 1/16/2026. Respondents' supplemental filing in compliance with the Court's 6 Order is due by 1/14/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 01/13/2026)

Jan 13, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

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Jan 15, 2026

Notice Appearance of Counsel

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Jan 15, 2026

Supplement

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Jan 16, 2026

Supplement

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Jan 16, 2026

Reply

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Jan 20, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/20/2026.Respondents produced a DHS Form I-213 as to Petitioner Rojas-Lara which indicates that he was arrested by ICE on July 23, 2025 pursuant to a warrant. See ECF No. 16-1 at 3 (stating that during the arrest of Petitioner on July 23, 2025, he was advised by the arresting officer "that a warrant for arrest of alien had been issued for him."). Respondents have failed to produce a copy of this arrest warrant despite being ordered to do so. See ECF No. 6 at 2-3 (ordering Respondents to file with their Return any arrest warrant in their possession that is relevant to their ongoing detention of Petitioner).Therefore, IT IS HEREBY ORDERED that on or before 1/21/2026, Respondents must SUPPLEMENT their 16 Return with a copy of the arrest warrant issued as to Petitioner which is referenced in the Form I-213 dated 7/23/2025. (Copies have been distributed pursuant to the NEF - IML) (Entered: 01/20/2026)

Jan 20, 2026

Minute Order

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Jan 21, 2026

Supplement

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Jan 22, 2026

Order

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Jan 22, 2026

Judgment

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Jan 28, 2026

Status Report