V-B- v. John Mattos, et al.

District Court, D. Nevada

V-B- v. John Mattos, et al.

Trial Court Opinion

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

7 V-B-, Case No. 2:25-cv-02085-RFB-NJK

8 Petitioner, ORDER

9 v.

10 JOHN MATTOS, et al.,

11 Respondents.

12

13 This is a habeas corpus action brought under

28 U.S.C. § 2241

by an individual incarcerated 14 15 at the Nevada Southern Detention Center. Petitioner, who is represented by counsel, initiated this 16 action on October 25, 2025, by submitting a petition for Writ of Habeas Corpus and paying the 17 filing fee for the action (ECF No. 1). Petitioner initiated the action anonymously, using the initials 18 “V-B-,” and alleging that “public identification creates a risk of retaliatory physical harm risk due 19 to Petitioner’s status as an asylum seeker in the United States, and the nature of Petitioner’s claim 20 21 is sensitive and highly personal.”

Id.

at 4 n.2. 22 The Court has examined the petition under Rule 4 of the Rules Governing Section 2254 23 Cases. See Rule 1(b), Rules Governing Section 2254 Cases (a district court may “apply any or all 24 of these rules” to any habeas petition). The Court (1) determines that the Petition merits service 25 and (2) preliminarily believes Petitioner can likely demonstrate that his circumstances warrant the 26 27 requested relief. 28 Thus, pursuant to

28 U.S.C. § 2243

, Respondents are ORDERED TO SHOW CAUSE in 1 writing no later than 5:00 p.m. on November 6, 2025, on why the Court should not grant the 2 Petition. Petitioner may file a reply no later than November 10, 2025. The Parties are further 3 ordered to appear for a hearing on the Petition before the undersigned at 10:00 a.m. on November 4 14, 2025, in Las Vegas Courtroom 7C. 5 6 IT IS FURTHER ORDERED that Respondents must file with their Response to this 7 Order any documents referenced or relied upon in their responsive pleading. 8 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 9 District. See F.T.C. v. Dean Foods Co.,

384 U.S. 597, 604

(1966) (noting the court's "express 10 authority under the All Writs Act to issue such temporary injunctions as may be necessary to 11 12 protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is 13 warranted to maintain the status quo pending the hearing and any subsequent order and finds that 14 Petitioner has satisfied the factors governing the issuance of such preliminary relief. 15 IT IS FURTHER ORDERED that the Clerk of the Court: 16 1. DELIVER a copy of the Petition (ECF No. 1) and this Order to the U.S. Marshal for 17 18 service. 19 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1) and this Order to the 20 United States Attorney for the District of Nevada in accordance with Federal Rule of Civil 21 Procedure 5(b)(2)(E) by adding United States Attorney for the District of Nevada to the docket as 22 an Interested Party at [email protected], [email protected], 23 24 [email protected]. 25 3. MAIL a copy of the Petition (ECF No. 1) and this Order pursuant to Rule 4(i)(2) of the 26 Federal Rules of Civil Procedure to: 27 a. John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave., 28 Pahrump, NV 89060; b. Robert Culley, Field Office Director, Las Vegas Field Office, U.S. Immigration & Customs Enforcement, 501 S. Las Vegas Blvd. Suite 100, Las Vegas, NV 89101; 3 4 c. Jason Knight, Regional Director, Salt Lake City Field Office, U.S. Immigration & Customs Enforcement, 2975 Decker Lake Drive, Suite 100, West Valley City, UT 84119- 5 6096; 6 d. Todd Lyons, Acting Director, U.S. Immigration and Customs Enforcement, 500 12th St. 7 SW, Washington, DC 20536; 8 9 e. Kristi Noem, Secretary of the U.S. Department of Homeland Security, 801 Nebraska Ave. NW, Washington, DC 20528; 10 1 f. Pam Bondi, Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Ave. NW, Washington, DC 20530-0001. 12 13 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF No. 1) 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 16 Rule 4(1)(1)(A)() of the Federal Rules of Civil Procedure. 17 8 IT IS FURTHER ORDERED that, pursuant to General Order 2025-07, In Re: Stay of

19 Civil Proceedings Involving the United States During Lapse Appropriations, Petitioner’s 20) counsel is instructed to SEND by electronic mail a courtesy copy of the Petition to the Civil 21! Division of the US. Attorney’s Office for the District of Nevada 22 at [email protected] and on the Civil Chief for the U.S. Attorney’s Office for the 23 District Nevada at Summer. [email protected]. 25 DATED: October 30, 2025. A hn

RICHARD F. BOULWARE, II 28 UNITED STATES DISTRICT JUDGE

_3-

Reference

Status
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