In re: Aaron Vela-Villanueva

• Court: District Court, D. Nevada
• Decided: December 22, 2025
• Docket: 2:25-cv-02538
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 IN RE: AARON VELA-VILLANUEVA Case No. 2:25-cv-02538-APG-MDC

4 Order

5 [ECF No. 1-1]

7 Petitioner Aaron Vela-Villanueva, an immigration detainee who is challenging his federal 8 detention at Nevada Southern Detention Center, has filed a pro se petition for federal habeas 9 corpus relief under 28 U.S.C. § 2241 and requested that counsel be appointed. ECF No. 1-1. 10 Vela-Villanueva has not properly commenced this habeas action by either paying the standard 11 $5.00 filing fee or filing a complete application for leave to proceed in forma pauperis (IFP).1 12 Second, the petition suffers from a procedural defect; namely, Vela-Villanueva has not listed the 13 warden of Nevada Southern Detention Center as a respondent in this action. Third, the 14 appointment of counsel supports the interests of justice given, among other things, the 15 complexities of this case.2 Fourth, because the petition establishes a prima facie case for relief, I 16 direct that it be served on the United States Attorney’s Office for the District of Nevada, given 17 18 1 A $5.00 filing fee is required to initiate a habeas action in a federal district court. 28 U.S.C. 19 § 1914(a). I may authorize an indigent prisoner to begin a habeas action without paying the $5 fee if he or she submits an IFP application on the approved form and includes three documents: 20 (a) the prisoner’s financial declaration and acknowledgement showing an inability to prepay fees and costs; (b) a financial certificate signed by the prisoner and an authorized prison official; and 21 (c) a copy of the prisoner’s account statement for the six-month period prior to filing. See 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2. 22 2 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 and 23 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. 1 that they will be representing at least one respondent in this matter following the filing of the 2 counseled amended petition. 3 I THEREFORE ORDER that the Federal Public Defender for the District of Nevada is 4 appointed to represent Vela-Villanueva and is directed to file a notice of appearance (or indicate

5 its inability to represent Vela-Villanueva) by December 29, 2025. If the Federal Public Defender 6 is unable to represent Vela-Villanueva, alternate counsel will be appointed. Appointed counsel 7 will represent Vela-Villanueva in all federal proceedings related to this matter, including any 8 appeals or certiorari proceedings, unless allowed to withdraw. 9 I FURTHER ORDER that if the Federal Public Defender files a notice of appearance in 10 this matter, it will then have 14 days to (1) file a motion to proceed IFP or pay the $5 filing fee 11 on behalf of Vela-Villanueva and (2) file an amended petition. The Federal Public Defender will 12 effectuate service of the amended petition on the respondents. 13 I FURTHER KINDLY ORDER that the Clerk of Court to: 14 1. DELIVER a copy of the petition (ECF No. 1-1) and this Order to the U.S.

15 Marshal for service. 16 2. ADD the United States Attorney for the District of Nevada and John Mattos to 17 the docket as Interested Parties. 18 3. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and this Order to 19 the United States Attorney’s Office for the District of Nevada, at 20 Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, 21 Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, in accordance with 22 Federal Rule of Civil Procedure 5(b)(2)(E). 23 1 I FURTHER ORDER the U.S. Marshal to 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 3|| States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 4! 4(1)(1)(A)(1) of the Federal Rules of Civil Procedure. 5 I FURTHER ORDER that the United States Attorney’s Office for the District of Nevada 6]| file a notice of appearance by December 29, 2025 and file and serve their answer to the amended 7\| petition within seven days of service of Vela-Villanueva’s counseled amended petition. The 8|| respondents must file with their answer any documents reference or relied upon in their responsive pleading.? Vela-Villanueva will then have seven days to file a reply. 10 I FURTHER ORDER the parties to meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. Any motion for extension must 12|| certify efforts taken to meet and confer and indicate the opposing party’s position regarding the 13]|extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules JIA 6-1, 6-2. 15 I FURTHER ORDER that the respondents must not transfer Vela-Villanueva out of this 16]| District without further order of this court.* 17 Dated: December 22, 2025. 18 _ Ge ANDREW P. GORDON 19 CHIEF UNITED STATES DISTRICT JUDGE 20}| ———_________ > 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 22|| the court to ‘dispose of the matter as law and justice require.’”) (citing 28 U.S.C. § 2243). 3 * 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”).