Joel Jeronimo Martin v. The United States of America, et al.

Opinion

2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3

4 Joel Jeronimo Martin, Case No. 2:26-cv-00388-CDS-NJK

5 Petitioner Service and Appointment Order 6 v.

7 The United States of America, et al., [ECF Nos. 1, 1-1, 1-2]

8 Respondents 9

10 Petitioner Jhoan Yesid Torres Gonzalez, an immigration detainee who is challenging the 11 lawfulness of his federal detention at Nevada Southern Detention Center, has filed a pro se 12 petition for federal habeas corpus relief under 28 U.S.C. § 2241, an application to proceed in forma 13 pauperis (“IFP”), and a motion for the appointment of counsel. ECF Nos. 1, 1-1, 1-2. I find that good 14 cause exists to grant the IFP application. I also find that the appointment of counsel is in the 15 interests of justice, given, among other things, the complexities of this case.1 And, following a 16 preliminary review of the petition under the Rules Governing Section 2254 Cases,2 I also find that 17 the petition establishes a prima facie case for relief, so I direct that it be served on the United States 18 Attorney’s Office for the District of Nevada and set a briefing schedule. 19 It is therefore ordered that the IFP application [ECF No. 1] is granted. 20 It is further ordered that the motion for appointment of counsel [ECF No. 1-2] is 21 granted. The Federal Public Defender for the District of Nevada is appointed to represent the 22 petitioner and is directed to file a notice of appearance (or indicate its inability to represent the 23 petitioner) by February 27, 2026. If the Federal Public Defender is unable to represent the 24 1 Prisoners applying for habeas corpus relief are entitled to appointed counsel when the circumstances 25 indicate that appointed counsel is necessary to prevent due process violations or when the interests of justice so require. 18 U.S.C. § 3006A; Rule 8(c), Rules Governing § 2254 Cases; Chaney v. Lewis, 801 F.2d 1191, 26 1196 (9th Cir. 1986). 2 I exercise my discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 U.S.C. § 2241 action. See Habeas Rule 1(b). 1 petitioner, because of a conflict of interest or for any other reason, alternate counsel will be 2 appointed. Appointed counsel will represent the petitioner in all federal proceedings related to 3 this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. 4 It is further ordered that if the Federal Public Defender files a notice of appearance in 5 this matter, it will then have 14 days to file an amended petition (or to indicate that an amended 6 petition is unnecessary). The Federal Public Defender shall effectuate service of the amended 7 petition on the respondents. 8 It is further kindly ordered that the Clerk of Court: 9 1. FILE the petition (ECF No. 1-1). 10 2. ADD the United States Attorneys’ Office for the District of Nevada to the docket 11 as an Interested Party. Pursuant to District of Nevada’s General Order 2026-03 12 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal 13 Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 14 3. SEND a copy of the petition (ECF No. 1-1) and this order to the Federal Public 15 Defender, the petitioner, and the CJA Coordinator for this division. 16 4. MAIL a copy of the petition (ECF No. 1-1) and this order pursuant to Rule 17 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, Warden, Nevada 18 Southern Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 19 5. SEND a courtesy copy of the petition (ECF No. 1-1) and this order to Ashley 20 Hesman at ahesman@strucklove.com. 21 It is further ordered that the United States Attorney’s Office for the District of Nevada 22 file a notice of appearance by February 27, 2026, and file and serve their answer to the amended 23 petition within 14 days of service of the counseled amended petition, unless additional time is 24 allowed for good cause shown. The respondents must file any documents referenced or relied 25 26 in their responsive pleading with that pleading.* The petitioner will then have 7 days to file reply. 3 It is further ordered that the parties must meet and confer regarding any requests for an 4|lextension of deadlines and stipulate to the extension if possible. Any motion for extension must 5||certify efforts taken to meet and confer and indicate the opposing party’s position regarding the 6|/extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Rules IA 6-1, 6-2. 8 It is further ordered that the respondents must not transfer the petitioner out of this “) 9 || District, with the exception of effectuating the petitioner's fi deportation.* Zé 10 Dated: February 19, 2026 LZ ll Cristina B. Silv 12 Uni efptates District Judge 13 14 15 16 17 18 19 20 21 22 23 24 |I> 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 25 || 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)). 26 See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court may use its “express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”).