Edgar Alexander Garcia Soto v. Jason Knight, et al.

District Court, D. Nevada

Edgar Alexander Garcia Soto v. Jason Knight, et al.

Trial Court Opinion

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

7 EDGAR ALEXANDER GARCIA SOTO, Case No. 2:25-cv-02138-RFB-BNW

8 Petitioner, ORDER

9 v.

10 JASON KNIGHT, et al.,

11 Respondents.

12 Before the Court is counseled Petitioner Garcia Soto’s Petition for Writ of Habeas Corpus 13 (ECF No. 1) under

28 U.S.C. § 2241

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

28 U.S.C. § 2243

, Respondents are ORDERED TO SHOW CAUSE in 18 writing by filing a return certifying the true cause of detention no later than 12:00 p.m. on 19 November 10, 2025, on why the Court should not grant the Petition. Petitioner may file a traverse 20 no later than November 12, 2025. 21 The Parties are FURTHER ORDERED to indicate in their briefing whether they request 22 oral argument or an evidentiary hearing on the Petition. The Court would be amenable to ruling 23 on the papers if the parties indicate that they are willing to waive a hearing. If Respondents have 24 no new arguments to offer that have not already been addressed by the Court, they may so indicate 25 by reference to their previous briefing, while reserving appellate rights. Respondents should file 26 the referenced briefing as an attachment for Petitioner’s counsel’s review. 27 28 IT IS FURTHER ORDERED that Respondents file a notice of appearance by November 1 10, 2025. 2 IT IS FURTHER ORDERED that Respondents must file with their return any documents 3 referenced or relied upon in their responsive pleading. Respondents must also file: any arrest 4 warrant, Notice to Appear, Form-286, and/or Form I-213 relevant to Petitioner’s detention. 5 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 6 District. See F.T.C. v. Dean Foods Co.,

384 U.S. 597, 604

(1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to 7 8 protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is 9 warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. 10 11 IT IS FURTHER ORDERED that the Clerk of Court: 12 1. DELIVER a copy of the Petition (ECF No. 1) and this Order to the U.S. Marshal for service. 13 14 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1) and this Order to the 15 United States Attorney for the District of Nevada in accordance with Federal Rule of Civil Procedure 5(b)(2)(E) by adding United States Attorney for the District of Nevada to the docket as 16 17 an Interested Party at [email protected], [email protected], 18 [email protected]. 19 3. MAIL a copy of the Petition (ECF No. 1), and this Order pursuant to Rule 4(i)(2) of the 20 Federal Rules of Civil Procedure to: 21 1) Jason Knight, Salt Lake City Field Office Director, U.S. Immigration & Customs Enforcement, Enforcement and Removal Operations, 2975 Decker Lake Drive, 22 23 Suite 100, West Valley City, UT 84119; 24 2) Michael Bernacke, Acting Director of the Las Vegas U.S. Immigration & Customs Enforcement Sub-Office, 501 S. Las Vegas Blvd., Ste. 200, Las Vegas, 25

26 NV 89101

; 27 3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530-0001; 28 ] 4) Kristi Noem, Secretary of the Department of Homeland Security, 245 Murray 2 Lane SW, Washington, DC 20528; 3 5) John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite 4 Ave., Pahrump, NV 89060. 5 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF 6 | 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 8) Rule 4(1)(1)(A)Q) of the Federal Rules of Civil Procedure. 9 IT IS FURTHER ORDERED that, pursuant to General Order 2025-07, In Re: Stay of 10 Civil Proceedings Involving the United States During Lapse Appropriations, Petitioner’s counsel is instructed to SEND by electronic mail a courtesy copy of the Petition to the Civil 12 Division of the U.S. Attorney’s Office for the District of Nevada at IS [email protected] and on the Civil Chief for the U.S. Attorney’s Office for the 4 District Nevada at Summer. [email protected]. 15 16 DATED: November 5, 2025.

RICHARD F. BOULWARE, II 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28

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Reference

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