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

6 FRANCISCO ELISI FLORES-GRACIAS, Case No. 3:25-cv-00688-RFB-CSD

7 Petitioner, ORDER

8 v.

9 KRISTI NOEM, et al.,

10 Respondents.

11 Petitioner Francisco Elisi Flores-Gracias, an immigration detainee, has filed a counseled 12 Petition for Writ of Habeas Corpus under

(ECF No. 1), and Motion for 13 Temporary Restraining Order (ECF No. 3), challenging his continued detention at Washoe County 14 Detention Center in the custody of Federal Respondents. The Court has reviewed the Petition and 15 Motion and preliminarily finds Petitioner likely can demonstrate that his circumstances warrant 16 the same relief as this Court ordered for Petitioners in Escobar Salgado v. Mattos, No. 2:25-CV- 17 01872-RFB-EJY,

(D. Nev. Nov. 17, 2025). 18 Thus, Respondents are ORDERED TO SHOW CAUSE why the Motion should not be 19 granted. See

. Respondents shall file, in writing, within three days, a (i) notice of 20 appearance and (ii) “a [response] certifying the true cause of detention” on or before 21 December 6, 2025.

Petitioner may file a reply on or before December 9, 2025. 22 IT IS FURTHER ORDERED that the parties shall indicate in their briefing whether they 23 request oral argument or an evidentiary hearing on the Motion. The Court would be amenable to 24 ruling on the papers if the parties indicate that they are willing to waive a hearing. If Respondents 25 have no new arguments to offer that have not already been addressed by the Court, they may so 26 indicate by reference to their previous briefing, while reserving appellate rights. They may not, 27 however, incorporate briefing in a manner that would circumvent the page limits under Local Rule 28 1 7-3 without leave. Respondents should file the referenced briefing as an attachment for Petitioner’s 2 counsel’s review. 3 Additionally, the Court finds Petitioner has established a prima facie case for relief and 4 that ordering Respondents to produce documents reflecting the basis for their detention of 5 Petitioner is necessary for the Court to “dispose of the matter as law and justice require.” See 6 Harris v. Nelson,

(1969) (holding that “a district court, confronted by a petition 7 for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of 8 suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help the court 9 to ‘dispose of the matter as law and justice require.’”) (citing

). Therefore, IT IS 10 FURTHER ORDERED that Respondents must file with their response any documents referenced 11 or relied upon in their responsive pleading. If Respondents’ asserted basis for detention is reflected 12 in any documents in their possession which have not been provided to Petitioner, including, but 13 not limited to, an arrest warrant, Notice to Appear, Form-286, and/or Form I-213 to Petitioner’s 14 arrest, detention, and removal proceedings, Respondents must so indicate and file said documents 15 with their pleading. If no such documents exist to support the asserted basis for detention, 16 Respondents must indicate that in their return. 17 IT IS FURTHER ORDERED that Local Rules 7-2, 7-3, and 7-4 will govern the 18 requirements and scheduling of all other motions filed by either party. 19 IT IS FURTHER ORDERED that the parties shall file all documents and exhibits in 20 accordance with Local Rules LR IA 10-1 through 10-5. 21 IT IS FURTHER ORDERED that the parties must meet and confer regarding any requests 22 for an extension of deadlines and stipulate to the extension if possible. Any motion for extension 23 must certify efforts taken to meet and confer and indicate the opposing party’s position regarding 24 the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) 25 and Local Rules IA 6-1, 6-2. 26 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 27 District. See F.T.C. v. Dean Foods Co.,

(1966) (noting the court's "express 28 authority under the All Writs Act to issue such temporary injunctions as may be necessary to 1 protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is 2 warranted to maintain the status quo pending resolution on the merits and finds that Petitioner has 3 satisfied the factors governing the issuance of such preliminary relief. 4 IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 5 1. DELIVER a copy of the Petition (ECF No. 1), Motion (ECF No. 3), Declaration (ECF 6 No. 2), and this Order to the U.S. Marshal for service. 7 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested 8 Party. 9 3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1), Motion (ECF No. 3), 10 Declaration (ECF No. 2), and this Order to the United States Attorney for the District of Nevada 11 at [email protected], [email protected], [email protected], and 12 [email protected]. in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). 13 4. MAIL a copy of the Petition (ECF No. 1), Motion (ECF No. 3), Declaration (ECF No. 14 2), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 15 1) Kristi Noem, Secretary, United States Department of Homeland 16 Security, 245 Murray Lane SW, Washington, DC 20528 17 2) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 18 Avenue, NW, Washington, DC, 20530 19 3) Todd Lyons, Acting Director and Senior Official Performing the Duties 20 of the Director for U.S. Immigration and Customs Enforcement, 500 21 12th Street, SW, Washington, DC 20536 22 4) Jason Knight, Acting Las Vegas Field Office Director, 2975 Decker 23 Lake Drive Suite 100, West Valley City, UT 84119-6096 24 5) Darin Balaam, Warden, Washoe County Detention Center, 911 Parr 25 Blvd, Reno NV 89512 26 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF 27 No. 1), Motion (ECF No. 3), Declaration (ECF No. 2), and this Order on the United States Attorney 28 for the District of Nevada or on an Assistant United States Attorney or clerical employee designated by the United States Attorney pursuant to Rule 4(1)(1)(A)() of the Federal Rules of Civil Procedure. 3 DATED: December 3, 2025 M2 c 5 RICHARD F. BOULWARE, I UNITED STATES DISTRICT JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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