Macario Mijael Livia Vicharra v. Brian Henkey, et al.

• Court: District Court, D. Nevada
• Decided: November 26, 2025
• Docket: 2:25-cv-02336
• Status: Unknown

Opinion

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

7 MACARIO MIJAEL LIVIA VICHARRA,

8 Petitioner, Case No. 2:25-cv-02336-RFB-EJY

9 v. ORDER TO SHOW CAUSE

10 BRIAN HENKEY, et al.,

11 Respondents.

12 13 Petitioner Macario Mijael Livia Vicharra, immigration detainee, has filed a counseled 14 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his continued 15 detention at Nevada Southern Detention Center in the custody of Federal Respondents. The Court 16 has reviewed the Petition and preliminarily believes Petitioner can likely demonstrate that his 17 circumstances warrant the same relief as this Court ordered for Petitioners Mena-Vargas and 18 Reyes-Lopez in Escobar Salgado v. Mattos, No. 2:25-CV-01872-RFB-EJY, 2025 WL 3205356 19 (D. Nev. Nov. 17, 2025). 20 Thus, Respondents are ORDERED TO SHOW CAUSE why the Writ should not be 21 granted. See 28 U.S.C. § 2243. Respondents shall file, in writing, a (i) notice of appearance and 22 (ii) “a return certifying the true cause of detention” on or before December 1, 2025. Id. 23 Petitioner may file a traverse on or before December 5, 2025. 24 IT IS FURTHER ORDERED that the Parties shall indicate in their briefing whether they 25 request oral argument or an evidentiary hearing on the Petition. The Court would be amenable to 26 ruling on the papers if the Parties indicate that they are willing to waive a hearing. If Respondents 27 have no new arguments to offer that have not already been addressed by the Court, they may so 28 indicate by reference to their previous briefing, while reserving appellate rights. They may not, 1 however, incorporate briefing in a manner that would circumvent the page limits under Local Rule 2 7-3 without leave. Respondents should file the referenced briefing as an attachment for Petitioner’s 3 counsel’s review. 4 Additionally, the Court finds Petitioner has established a prima facie case for relief and 5 that ordering Respondents to produce documents reflecting the basis for their detention of 6 Petitioner is necessary for the Court to “dispose of the matter as law and justice require.” See 7 Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “a district court, confronted by a petition 8 for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of 9 suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help the court 10 to ‘dispose of the matter as law and justice require.’”) (citing 28 U.S.C. § 2243). Therefore, IT IS 11 FURTHER ORDERED that Respondents must file with their return any documents referenced 12 or relied upon in their responsive pleading. If Respondents’ asserted basis for detention is reflected 13 in any documents in their possession, including, but not limited to, an arrest warrant, notice to 14 appear, Form-286, and/or Form I-213 relevant to Petitioner’s arrest, detention, and removal 15 proceedings, Respondents must so indicate and file said documents with their pleading. 16 Respondents are granted leave to file any documents containing sensitive personal identifying 17 information or sensitive law enforcement information with redactions or under seal, in accordance 18 with Local Rule IA 10-5. If no such documents exist to support the asserted basis for detention, 19 Respondents must indicate that in their return. 20 IT IS FURTHER ORDERED that Local Rules 7-2, 7-3, and 7-4 will govern the 21 requirements and scheduling of all other motions filed by either party. 22 IT IS FURTHER ORDERED that the parties shall file all documents and exhibits in 23 accordance with Local Rules LR IA 10-1, 10-2, and 10-3. 24 IT IS FURTHER ORDERED that the parties must meet and confer regarding any requests 25 for an extension of deadlines and stipulate to the extension if possible. Any motion for extension 26 must certify efforts taken to meet and confer and indicate the opposing party’s position regarding 27 the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) 28 and Local Rules IA 6-1, 6-2. 1 IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this 2 District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express 3 authority under the All Writs Act to issue such temporary injunctions as may be necessary to 4 protect its own jurisdiction"); Al Otro Lado v. Wolf, 952 F.3d 999, 1007 n.6 (9th Cir. 2020) 5 (“Having concluded that [agency action] would interfere with the court’s jurisdiction . . . , the 6 district court properly issued an injunction under the All Writs Act.”) (citing 28 U.S.C. § 1651(a)). 7 Given the exigent circumstances, the Court finds that this order is warranted to maintain the status 8 quo pending resolution on the merits and finds that Petitioner has satisfied the factors governing 9 the issuance of such preliminary relief. 10 IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 11 1. DELIVER a copy of the Petition (ECF No. 1), attachments (ECF Nos. 1-1, 1-2, 1-3, 1- 12 4, 1-5, 1-6, 1-7), and this Order to the U.S. Marshal for service. 13 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested 14 Party. 15 3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1), attachments (ECF Nos. 1- 16 1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7), and this Order to the United States Attorney for the District of 17 Nevada at Sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, summer.johnson@usdoj.gov, 18 and caseview.ecf@usdoj.gov. in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). 19 4. MAIL a copy of the Petition (ECF No. 1), attachments (ECF Nos. 1-1, 1-2, 1-3, 1-4, 1- 20 5, 1-6, 1-7), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 21 1) Brian Henkey, Acting Director, I.C.E. Salt Lake City Field Office, 2975 Decker 22 Lake Drive Suite 100, West Valley City, UT 84119-6096. 23 2) Michael Bernacke, Acting Director, I.C.E. Las Vegas Field Sub-Office, 501 S. 24 Las Vegas Blvd., Suite 200, Las Vegas, NV 89101. 25 3) Kristi Noem, Secretary, United States Department of Homeland Security, 245 26 Murray Lane SW, Washington, DC 20528. 27 4) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 28 Avenue, NW, Washington, DC 20530. 1 5) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. 2 Pahrump, NV 89060. 3 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF 4} No. 1), attachments (ECF Nos. 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7), and this Order on the United States 5 | Attorney for the District of Nevada or on an Assistant United States Attorney or clerical employee 6 | designated by the United States Attorney pursuant to Rule 4(1)(1)(A)(1) of the Federal Rules of 7 | Civil Procedure. 8 9 DATED: November 26, 2025 4 2 10 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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