Jose Rene Cornejo-Mejia v. Michael Bernacke, et al.

District Court, D. Nevada

Jose Rene Cornejo-Mejia v. Michael Bernacke, et al.

Trial Court Opinion

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

7 JOSE RENE CORNEJO-MEJIA, Case No. 2:25-cv-02139-RFB-BNW

8 Petitioner, ORDER

9 v.

10 MICHAEL BERNACKE, et al.,

11 Respondents.

12 Before the Court is counseled Petitioner Jose Rene Cornejo-Mejia’s Petition for Writ of 13 Habeas Corpus (ECF No. 1) under

28 U.S.C. § 2241

, and Motion for Preliminary Injunction (ECF 14 No. 3), challenging his continued detention at Nevada Southern Detention Center. The Court has 15 reviewed the Petition and Motion and preliminarily believes Petitioner likely can demonstrate that 16 his circumstances warrant the same relief as this Court ordered for Petitioner Arce-Cervera in 17 Arce-Cervera v. Noem, No. 2:25-cv-01895-RFB-NJK (D. Nev. Oct. 28, 2025). 18 Thus, pursuant to

28 U.S.C. § 2243

, Respondents are ORDERED TO SHOW CAUSE in 19 writing no later than 5:00 p.m. on November 5, 2025, why the Court should not grant the Petition. 20 Petitioner may file a reply no later than November 7, 2025. If Respondents have no new arguments 21 to offer that have not already been addressed by the Court, they may so indicate by reference to 22 their previous briefing, while reserving appellate rights. Respondents should file the referenced 23 briefing as an attachment for Petitioner’s counsel’s review. 24 IT IS FURTHER ORDERED that Respondents file a notice of appearance by November 25 5, 2025. 26 IT IS FURTHER ORDERED that Respondents must file with their Response to this 27 Order any documents referenced or relied upon in their responsive pleading. Respondents must 28 1 also file any arrest warrant, Notice to Appear, Form-286, and Form I-213 relevant to Petitioner’s 2 detention. 3 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 4 District. See F.T.C. v. Dean Foods Co.,

384 U.S. 597, 604

(1966) (noting the court's "express 5 authority under the All Writs Act to issue such temporary injunctions as may be necessary to 6 protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is 7 warranted to maintain the status quo pending the hearing and any subsequent order and finds that 8 Petitioner has satisfied the factors governing the issuance of such preliminary relief. 9 IT IS FURTHER ORDERED that the Clerk of Court: 10 1. DELIVER copies of the Petition and Motion (ECF Nos. 1, 3) and this Order to the U.S. 11 Marshal for service. 12 2. SEND, through CM/ECF, copies of the Petition and Motion (ECF Nos. 1, 3) and this 13 Order to the United States Attorney for the District of Nevada in accordance with Federal Rule of 14 Civil Procedure 5(b)(2)(E) by adding United States Attorney for the District of Nevada to the 15 docket as an Interested Party at [email protected], [email protected], 16 [email protected]. 17 3. MAIL copies of the Petition and Motion (ECF Nos. 1, 3) and this Order pursuant to 18 Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 19 1) Michael Bernacke, Salt Lake City ICE Field Office Director, 2975 Decker Lake 20 Drive Suite 100, West Valley City, UT 84119-6096; 21 2) Kristi Noem, Secretary of the Department of Homeland Security, 245 Murray 22 Lane SW, Washington, DC 20528. 23 3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 24 Avenue, NW, Washington, DC, 20530-0001; and 25 4) Reggie Radar, Police Chief, Henderson Detention Center, 18 E Basic Road, 26 Henderson, NV 89015. 27 IT IS FURTHER ORDERED that the U.S. Marshal SERVE copies of the Petition and 28 Motion (ECF Nos. 1, 3) and this Order on the United States Attorney for the District of Nevada or on an Assistant United States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 4(1)(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 4} Civil Proceedings Involving the United States During Lapse of Appropriations, Petitioner’s 5 | counsel is instructed to SEND by electronic mail courtesy copies 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]. 7 DATED: October 31, 2025. 10 1] AK 12 RICHARD F. BOULWARE, II B UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Reference

Status
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