Jesus Perez-Regaldo v. Thomas E. Feeley, et al.

District Court, D. Nevada

Jesus Perez-Regaldo v. Thomas E. Feeley, et al.

Trial Court Opinion

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

6 JESUS PEREZ-REGALDO, Case No. 2:25-cv-02409-RFB-EJY

7 Petitioner, ORDER

8 v.

9 THOMAS E. FEELEY, et al.,

10 Respondents.

11 12 Petitioner Jesus Perez-Regaldo, immigration detainee, has filed a counseled Amended 13 Verified Petition for Writ of Habeas Corpus under

28 U.S.C. § 2241

(ECF No. 7) challenging the 14 lawfulness of his detention at Nevada Southern Detention Center in the custody of Federal 15 Respondents. The Court has reviewed the Petition and Motion and preliminarily finds Petitioner 16 likely can demonstrate that his circumstances warrant the same relief as this Court ordered for 17 Petitioners Mena-Vargas and Reyes-Lopez in Escobar Salgado v. Mattos, No. 2:25-CV-01872- 18 RFB-EJY,

2025 WL 3205356

(D. Nev. Nov. 17, 2025). 19 Therefore, Respondents are ORDERED TO SHOW CAUSE why the Writ should not be 20 granted. See

28 U.S.C. § 2243

. Respondents shall file, in writing, within three days, a (i) notice of 21 appearance and (ii) “a return certifying the true cause of detention” on or before December 22 22, 2025.

Id.

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

394 U.S. 286, 290

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

28 U.S.C. § 2243

). 10 Therefore, IT IS FURTHER ORDERED that Respondents must file with their response 11 any documents referenced or relied upon in their responsive pleading. If Respondents’ asserted 12 basis for detaining Petitioner is reflected in any documents in their possession, including, but not 13 limited to, an arrest warrant, Notice to Appear, Form-286, Form I-213, and/or bond decision by an 14 Immigration Judge relevant to Petitioner’s arrest, removal proceedings, and continued detention, 15 Respondents must so indicate, and file said documents with their pleading. If no such documents 16 exist to support the asserted basis for detention, Respondents must indicate that in their certified 17 return. 18 IT IS FURTHER ORDERED that Local Rules 7-2, 7-3, and 7-4 will govern the 19 requirements and scheduling of all other motions filed by either party. 20 IT IS FURTHER ORDERED that the parties shall file all documents and exhibits in 21 accordance with Local Rules LR IA 10-1 through 10-5. 22 IT IS FURTHER ORDERED that the parties must meet and confer regarding any requests 23 for an extension of deadlines and stipulate to the extension if possible. Any motion for extension 24 must certify efforts taken to meet and confer and indicate the opposing party’s position regarding 25 the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) 26 and Local Rules IA 6-1, 6-2. 27 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 28 District. See F.T.C. v. Dean Foods Co.,

384 U.S. 597, 604

(1966) (noting the court's "express 1 authority under the All Writs Act to issue such temporary injunctions as may be necessary to 2 protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is 3 warranted to maintain the status quo pending resolution on the merits and finds that Petitioner has 4 satisfied the factors governing the issuance of such preliminary relief. 5 The Court further notes that Petitioner’s counsel failed to comply with the deadline in its [4] 6 Order or seek an extension. Petitioner’s counsel is instructed to comply with Federal Rule of Civil 7 Procedure 6(b) and Local Rules IA 6-1, 6-2 for future deadlines. 8 IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 9 1. DELIVER a copy of the Amended Petition (ECF No. 7), attachments (ECF Nos. 1-1, 10 1-2) and this Order to the U.S. Marshal for service. 11 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested 12 Party. 13 3. SEND, through CM/ECF, a copy of the Amended Petition (ECF No. 7), attachments 14 (ECF Nos. 1-1, 1-2) and this Order to: 15 i. The United States Attorney for the District of Nevada at 16 [email protected], [email protected], [email protected], and 17 [email protected] in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). 18 ii. Counsel for Respondent John Mattos: Ashlee Hesman at 19 [email protected] and Jacob Brady Lee at [email protected] 20 4. MAIL a copy of the the Amended Petition (ECF No. 7), attachments (ECF Nos. 1-1, 1- 21 2) and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 22 1) Kristi Noem, Secretary, United States Department of Homeland Security, 245 23 Murray Lane SW, Washington, DC 20528 24 2) Pamela Bondi, Attorney General of the United States, U.S. Department of 25 Justice, 950 Pennsylvania Avenue, NW, Washington, DC, 20530 26 3) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. 27 Pahrump, NV 89060 28 4) Thomas E. Feeley, Acting Field Office Director of the Salt Lake City Field ] Office of U.S. Immigration and Customs Enforcement’s Enforcement and Removal 2 Operations division, 2975 Decker Lake Drive, Suite 100, West Valley City, UT 3 84119-6096 4 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of a copy of the 5 | (Amended Petition (ECF No. 7), attachments (ECF Nos. 1-1, 1-2) and this Order on the United 6 | States Attorney for the District of Nevada or on an Assistant United States Attorney or clerical 7 | employee designated by the United States Attorney pursuant to Rule 4(1)(1)(A)() of the Federal 8 | Rules of Civil Procedure. 9 DATED: December 17, 2025. 10 il Cc | 5 D RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Reference

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