1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 MARIO ERNESTO HERNANDEZ DURAN, Case No. 2:25-cv-02105-RFB-EJY

8 Petitioner, ORDER

9 v.

10 MICHAEL BERNACKE, et al.,

11 Respondents.

12 Before the Court is counseled Petitioner Mario Ernesto Hernandez Duran’s Petition for Writ 13 of Habeas Corpus (ECF No. 1) under

, challenging his continued detention at 14 Nevada Southern Detention Center, and (ECF No. 2) Emergency Motion for Temporary 15 Restraining Order and Preliminary Injunction. The Court has reviewed the filings, and 16 preliminarily believes Petitioner likely can demonstrate that his circumstances warrant the same 17 relief as this Court ordered for Petitioner Arce-Cervera in Arce-Cervera v. Noem, No. 2:25-cv- 18 01895-RFB-NJK (D. Nev. Oct. 28, 2025). 19 Thus, pursuant to

, Respondents are ORDERED TO SHOW CAUSE in 20 writing no later than 5:00 p.m. on November 3, 2025 why the Court should not grant the requested 21 preliminary injunction. Petitioner may file a reply no later than 5:00 p.m. on November 5, 2025. 22 If Respondents have no new arguments to offer that have not already been addressed by the Court, 23 they may so indicate by reference to their previous briefing, while reserving appellate rights. 24 Respondents should file the referenced briefing as an attachment for Petitioner’s counsel’s review. 25 In the meantime, unless and until the Court orders otherwise, IT IS FURTHER 26 ORDERED that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean 27 Foods Co.,

(1966) (noting the court's "express authority under the All Writs Act 28 1 to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given 2 the exigent circumstances, the Court finds that this order is warranted to maintain the status quo 3 pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors 4 governing the issuance of such preliminary relief. 5 IT IS FURTHER ORDERED that the Clerk of Court: 6 1. DELIVER a copy of the Petition (ECF No. 1), the Motion (ECF No. 2), and this Order 7 to the U.S. Marshal for service. 8 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1), the Motion (ECF No. 2), 9 and this Order to the United States Attorney for the District of Nevada in accordance with Federal 10 Rule of Civil Procedure 5(b)(2)(E) by adding United States Attorney for the District of Nevada to 11 the docket as an Interested Party at [email protected], [email protected], 12 [email protected]. 13 3. MAIL a copy of the Petition (ECF No. 1), the Motion (ECF No. 2), and this Order 14 pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 15 1) John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite 16 Ave., Pahrump, NV 89060; 17 2) Jason Knight, Salt Lake City Field Office Acting Director, U.S. Immigration & 18 Customs Enforcement, Enforcement and Removal Operations, 2975 Decker Lake 19 Drive, Suite 100, West Valley City, UT 84119; 20 3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 21 Avenue, NW, Washington, DC, 20530-0001; 22 4) Kristi Noem, Secretary of the Department of Homeland Security, 245 Murray 23 Lane SW, Washington, DC 20528. 24 5) Rodney S. Scott, Commissioner of U.S. Customs and Border Protection, CBP 25 Headquarters, 1300 Pennsylvania Avenue NW, Washington, D.C. 20229 26 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF 27 No. 1), the Motion (ECF No. 2), and this Order on the United States Attorney for the District of 28 1 | Nevada or on an Assistant United States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 4(i)(1)(A)() of the Federal Rules of Civil Procedure. 3 IT IS FURTHER ORDERED that, pursuant to General Order 2025-07, In Re: Stay of Civil Proceedings Involving the United States During Lapse of Appropriations, Petitioner’s 5 | counsel is instructed to SEND by electronic mail a courtesy copy of the Petition and Motion to the 6| Civil Division of the U.S. Attorney’s Office for the District of Nevada at 7 [email protected] and on the Civil Chief for the U.S. Attorney’s Office for the 8 District Nevada at [email protected]. DATED: October 29, 2025.

12 RICHARD F. BOULWARE, II 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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