Abraham Germany Berhe v. John Mattos, et al.

• Court: District Court, D. Nevada
• Decided: November 26, 2025
• Docket: 2:25-cv-01782
• Status: Unknown

Opinion

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

7 ABRAHAM GERMANY BERHE,

8 Petitioner, Case No. 2:25-cv-01782-RFB-DJA

9 v. ORDER TO SHOW CAUSE

10 JOHN MATTOS, et al.,

11 Respondents.

12 13 Petitioner Abraham Germany Berhe, an immigration detainee, has filed a counseled, 14 amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 16). 15 Simultaneously, he has filed a Motion for Temporary Restraining Order (ECF No. 18). Through 16 them, Petitioner challenges (a.) his ongoing detention at Nevada Southern Detention Center in the 17 custody of Respondents and (b.) the procedures underlying his potential removal to an 18 undesignated third country. The Court has reviewed the Petition and Motion, and it believes that 19 Petitioner can likely demonstrate that his circumstances warrant the same relief ordered by this 20 Court in Candido-Bolanos v. Lyons, No. 2:25-cv-01359-RFB-EJY (D. Nev. Oct. 8, 2025) (No. 21 39), and related orders. 22 Thus, Respondents are ORDERED TO SHOW CAUSE why the Writ should not be 23 granted. See 28 U.S.C. § 2243. To that end, all respondents named in the Amended Petition (ECF 24 No. 16) shall file, in writing, a notice of appearance on or before December 2, 2025. Furthermore, 25 Respondents shall file “a return certifying the true cause of detention” on or before December 26 10, 2025. Petitioner may file a traverse on or before December 17, 2025. To the extent this Order 27 conflicts with a prior schedule established by this Court, this Order supersedes it. 28 For the same reasons described above, the Court finds that Petitioner’s Motion for 1 Temporary Restraining Order (ECF No. 18) warrants expedited consideration. Respondents have 2 up to, and including, December 3, 2025, to file a response to the Motion. Petitioner has up to, and 3 including, December 10, 2025, to reply. 4 IT IS FURTHER ORDERED the Parties shall indicate in their briefing whether they 5 request oral argument, or an evidentiary hearing, on the Petition and/or Motion. The Court would 6 be amenable to ruling on the papers if the Parties indicate that they are willing to waive a hearing. 7 If Respondents have no new arguments to offer that have not already been addressed by the Court, 8 they may so indicate by reference to their previous briefing, while reserving appellate rights. They 9 may not, however, incorporate briefing in a manner that would circumvent the page limits under 10 Local Rule 7-3 without leave of this Court. Respondents should file the referenced briefing as an 11 attachment for Petitioner’s counsel’s review. 12 Additionally, the Court finds Petitioner has established a prima facie case for relief and 13 that ordering Respondents to produce documents reflecting the basis for their detention of 14 Petitioner is necessary for the Court to “dispose of the matter as law and justice require.” See 15 Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “a district court, confronted by a petition 16 for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of 17 suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help the court 18 to ‘dispose of the matter as law and justice require.’”) (citing 28 U.S.C. § 2243). Therefore, IT IS 19 FURTHER ORDERED that Respondents must file any documents referenced or relied upon in 20 their responsive pleading. If Respondents’ asserted basis for detention is reflected in any 21 documents in their possession, including, but not limited to, an arrest warrant, notice to appear, 22 Form-286, and/or Form I-213 relevant to Petitioner’s arrest, detention, and/or removal 23 proceedings, Respondents must so indicate and file said documents with their pleading(s). 24 Respondents are granted leave to file any documents containing sensitive personal identifying 25 information or sensitive law enforcement information with redactions or under seal, in accordance 26 with Local Rule IA 10-5. If no such documents exist to support the asserted basis for detention, 27 Respondents must indicate. 28 IT IS FURTHER ORDERED that Local Rules 7-2, 7-3, and 7-4 will govern the 1 requirements and scheduling of all other motions filed by either party. 2 IT IS FURTHER ORDERED that the Parties shall file all documents and exhibits in 3 accordance with Local Rules LR IA 10-1, 10-2, and 10-3. 4 IT IS FURTHER ORDERED that the Parties must meet and confer regarding any requests 5 for an extension of deadlines and stipulate to the extension if possible. Any motion for extension 6 must certify efforts taken to meet and confer and indicate the opposing party’s position regarding 7 the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) 8 and Local Rules IA 6-1, 6-2. 9 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 10 District. This Court has “express authority under the All Writs Act to issue such temporary 11 injunctions as may be necessary to protect its own jurisdiction.” F.T.C. v. Dean Foods Co., 384 12 U.S. 597, 601 (1966); see also Al Otro Lado v. Wolf, 952 F.3d 999, 1007 n.6 (9th Cir. 2020) 13 (“Having concluded that [agency action] would interfere with the court’s jurisdiction . . . , the 14 district court properly issued an injunction under the All Writs Act.”) (citing 28 U.S.C. § 1651(a)). 15 Were Petitioner prematurely removed from the United States District of Nevada, or more broadly 16 the United States, this Court could be deprived of jurisdiction over his claims. Given the exigent 17 circumstances surrounding Petitioner, the Court finds that this Order is warranted to maintain the 18 status quo pending resolution on the merits, and the Court finds that Petitioner has satisfied the 19 factors governing the issuance of such preliminary relief. 20 IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 21 1. REVISE the docket in this case to reflect the proper parties, as updated by the Amended 22 Petition for Writ of Habeas Corpus (ECF No. 16). 23 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 16), Motion (ECF No. 18), 24 attachments (ECF Nos. 17-1, 17-2, 17-3, 17-4), and this Order to the United States Attorney for 25 the District of Nevada at Sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, 26 summer.johnson@usdoj.gov, and caseview.ecf@usdoj.gov. in accordance with Federal Rule of 27 Civil Procedure 5(b)(2)(E). 28 3. MAIL a copy of the Petition (ECF No. 16), Motion (ECF No. 18), attachments (ECF Nos. 17-1, 17-2, 17-3, 17-4), and this Order pursuant to Rule 4(1)(2) of the Federal Rules of Civil Procedure to: 3 1) John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite 4 Ave. Pahrump, NV 89060. 5 2) Jason Knight, Acting Las Vegas Field Office Director, 2975 Decker Lake Drive 6 Suite 100, West Valley City, UT 84119-6096. 7 3) Todd Lyons, Acting Director and Senior Official Performing the Duties of the 8 Director for U.S. Immigration and Customs Enforcement, 500 12th Street, SW, 9 Washington, DC 20536. 10 4) Kristi Noem, Secretary, United States Department of Homeland Security, 245 11 Murray Lane SW, Washington, DC 20528. 12 5) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 13 Avenue, NW, Washington, DC 20530. 14 15 DATED: November 26, 2025.

7 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28

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