Walter Omar Alfaro Cruz v. Pamela Bondi

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA WALTER OMAR ALFARO CRUZ, Case No. 2:26-cv-00080-APG-BNW 4 Petitioner Order v. [ECF Nos. 1, 1-1, 3] PAMELA BONDI, 7 Respondent.

9 Petitioner Walter Omar Alfaro Cruz, an immigration detainee who is challenging his ongoing federal detention at Nevada Southern Detention Center, has filed a pro se petition for federal habeas corpus relief under 28 U.S.C. § 2241, a motion for leave to proceed in forma pauperis (“IFP), and a motion for appointment of counsel. ECF Nos. 1, 1-1, 3. I find that good cause exists to grant the motion to proceed IFP. I also find that the appointment of counsel is in the interests of justice, given, among other things, the complexities of this case.1 And, following a preliminary review of the petition,2 I find that it establishes a prima facie case for relief, so I direct that it be served on the United States Attorney’s Office for the District of Nevada.3 17 I THEREFORE ORDER that the motion to proceed IFP (ECF No. 1) is granted.

1 Prisoners applying for habeas corpus relief are entitled to appointed counsel when the circumstances indicate that appointed counsel is necessary to prevent due process violations or whenever the interests of justice so require. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); 18 U.S.C. § 3006A; Rule 8(c), Rules Governing § 2254 Cases.

2 I exercise my discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 22 U.S.C. § 2241 action. See Habeas Rule 1(b).

3 I note that Alfaro Cruz has not listed the warden of Nevada Southern Detention Center as a respondent in this action; however, this procedural issue is likely to be satisfied upon the filing of an amended petition.

1 I FURTHER ORDER that the motion for appointment of counsel (ECF No. 3) is granted. The Federal Public Defender for the District of Nevada is appointed to represent Petitioner Walter Omar Alfaro Cruz and is directed to file a notice of appearance (or indicate its inability to represent Alfaro Cruz) within 7 days of the date of this Order. If the Federal Public Defender is unable to represent Alfaro Cruz, alternate counsel will be appointed. Appointed counsel will represent Alfaro Cruz in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to withdraw.

8 I FURTHER ORDER that if the Federal Public Defender files a notice of appearance in this matter, it will then have 14 days to file an amended petition (or to indicate that an amended petition is unnecessary). The Federal Public Defender shall effectuate service of the amended petition, if one is filed, on the respondents.

12 I FURTHER KINDLY ORDER that the Clerk of Court: 13 1. FILE the petition (ECF No. 1-1).

14 2. DELIVER a copy of the petition (ECF No. 1-1) and this Order to the U.S. 15 Marshal for service.

16 3. ADD the United States Attorney for the District of Nevada and John Mattos to 17 the docket as Interested Parties.

18 4. SEND a copy of the petition (ECF No. 1-1) and this Order to the Federal Public 19 Defender, Alfaro Cruz, and the CJA Coordinator for this division.

20 5. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and this Order to 21 the United States Attorney’s Office for the District of Nevada, at 22 [email protected], [email protected], 1 [email protected], and [email protected], in accordance with 2 Federal Rule of Civil Procedure 5(b)(2)(E).

3 6. MAIL a copy of the petition (ECF No. 1-1) and this Order pursuant to Rule 4 4(i)(2) of the Federal Rules of Civil Procedure to: 5 a) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite 6 Ave. Pahrump, NV 89060 7 b) Pamela Bondi, Attorney General of the United States, 950 8 Pennsylvania Avenue, NW, Washington, DC, 20530 9 I FURTHER ORDER that the U.S. Marshal SERVE a copy of the petition (ECF No. 1-1) 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 Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure.

13 I FURTHER ORDER that the United States Attorney’s Office for the District of Nevada file a notice of appearance within 7 days of the date of this Order and file and serve their answer to the amended petition within 14 days of service of the counseled amended petition. The respondents must file with their answer any documents reference or relied upon in their responsive pleading.4 Alfaro Cruz will then have 7 days to file a reply.

18 I FURTHER ORDER that the parties must meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. Any motion for extension must certify efforts taken to meet and confer and indicate the opposing party’s position regarding the See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “a district court, confronted by a petition for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help the court to ‘dispose of the matter as law and justice require.’”) (citing 28 U.S.C. § 2243).

1} }extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) Local Rules IA 6-1, 6-2.

3 I FURTHER ORDER that the respondents shall not transfer Alfaro Cruz out of this A|| District, with the exception of effectuating his lawful deportation.° 5 Dated: January 23, 2026 oA ANDREW P. GORDON 7 CHIEF UNITED STATES DISTRICT JUDGE 1] > 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 protect its own jurisdiction”).