Active
Case Information
Filed: October 26, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 02, 2026
Parties:
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Docket Entries
#1
Oct 26, 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: 10/29/2026)
Main Document:
Receipt Initiating Documents
#2
Oct 26, 2026
MOTION for Appointment of Counsel by Petitioner Recalde Diaz Luis Sergio.. (WJ) (Entered: 10/29/2026)
Main Document:
Motion Appointment of Counsel
#3
Oct 29, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-03567-RFB-BNW. (WJ) (Entered: 10/29/2026)
Main Document:
Advisory Letter Habeas only - FORM
#4
Oct 29, 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 applicatio n 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 su bmit an IFP Application within 10 days. 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 10/29/2026). IT IS HEREBY ORDERED the Federal Pu blic 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 10/29/2026). 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. IT IS FURTHER ORDERED t hat 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: NVX_2241_ECF@fd.org. (Ad hoc on 10/29/2026). 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 Petitioner's Counsel within 3 days of this Order being docketed in this case. Within 3 days, Respondents must file a response that SHOWS CAUSE for Petitioner' detention by "certifying [its] true cause." 28 U.S.C. § 2243. IT IS HEREBY ORDERED the Clerk of Court is respectfully instructed to ADD the Uni ted 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. Signed by Judge Richard F. Boulware, II on 10/29/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA)
#5
Oct 29, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/29/2026. 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 Henderson 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 Reggie Radar is JOINED to this case as a necessary party. The Clerk's Office is directed to send through CM/ECF Assistant City Attorney Christian Orme a courtesy copy of this minute order at christian.orme@cityofhenderson.com. (no image attached) (Copies have been distributed pursuant to the NEF - RKR) (Entered: 10/29/2026)
Oct 29, 2026
Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. 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 (WJ)
Oct 29, 2026
Warden Joinder Minute Order
Oct 29, 2026
Assign Judge RFB in Immigration Case
#6
Nov 02, 2026
Response
Main Document:
Response
#8
Nov 02, 2026
Response
Main Document:
Response
Nov 02, 2026
Notice of Appearance - AUSA Immigration only
Nov 02, 2026
Notice of Appearance - AFPD Immigration only
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