Miguel Angel Hernandez-Luna v. Kristi Noem, et al.

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 MIGUEL ANGEL HERNANDEZ-LUNA, Case No. 2:25-cv-01818-GMN-EJY

5 Petitioner, SERVICE ORDER

6 v.

7 KRISTI NOEM, et al.,

8 Respondents.

10 Petitioner Miguel Angel Hernandez-Luna, an immigration detainee, has filed a counseled 11 Petition for Federal Habeas Corpus Relief under 28 U.S.C. § 2241, seeking an Order requiring that 12 Respondents release him and hold a new hearing to reconsider his eligibility for bond. (ECF No. 13 1.) The Court has jurisdiction over this matter1 and, following a preliminary review of the Petition 14 under the Rules Governing Section 2254 Cases,2 directs that the Petition be served on 15 Respondents. 16 It is therefore kindly Ordered that the Clerk of Court: 17 1. DELIVER a copy of the Petition (ECF No. 1), the exhibit (ECF No. 1-1), and this 18 Order to the U.S. Marshal for service. 19 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1), the exhibit (ECF 20 No. 1-1), and this Order on the United States Attorney for the District of Nevada 21 1 Federal district courts have habeas jurisdiction under 28 U.S.C. § 2241 to review “bond hearing 22 determinations for constitutional claims and legal error.” Singh v. Holder, 638 F.3d 1196, 1200 (9th Cir. 2011) (citing Demore v. Kim, 538 U.S. 510, 516–17 (2003)). 23 2 The Court exercises its discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 U.S.C. § 2241 action. (Habeas Rule 1(b).) 1 in accordance with Federal Rule of Civil Procedure 5(b)(2)(E) by adding United 2 States Attorney for the District of Nevada to the docket as an Interested Party and 3 sending the Petition (ECF No. 1), the exhibit (ECF No. 1-1), and this Order to 4 Sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, caseview.ecf@usdoj.gov.

5 3. MAIL a copy of the Petition (ECF No. 1), the exhibit (ECF No. 1-1), and this 6 Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 7 1) Kristi Noem, Secretary, United States Department of Homeland Security, 8 245 Murray Lane SW, Washington, DC 20528 9 2) Pamela J. Bondi, Attorney General of the United States, 950 Pennsylvania 10 Avenue, NW, Washington, DC, 20530 11 3) Todd Lyons, Acting Director and Senior Official Performing the Duties of 12 the Director for U.S. Immigration and Customs Enforcement, 500 12th 13 Street, SW, Washington, DC 20536 14 4) Jason Knight, Acting Field Office Director, Salt Lake City Field Office

15 Director, U.S. Immigration & Customs Enforcement, 2975 Decker Lake 16 Drive Suite 100, West Valley City, UT 84119-6096 17 5) John Mattos, Warden, Nevada Southern Detention Facility, 2190 E. 18 Mesquite Ave. Pahrump, NV 89060 19 It is further Ordered that the U.S. Marshal SERVE a copy of the Petition (ECF No. 1), the 20 exhibit (ECF No. 1-1), and this Order on the United States Attorney for the District of Nevada or 21 on an Assistant United States Attorney or clerical employee designated by the United State 22 Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. 23 1 It is further Ordered that counsel for the Respondents file a notice of appearance within 7 days of the date of this Order and file and serve their response to the Petition within 14 days of the date of this Order, unless additional time is allowed for good cause shown. 4 It is further Ordered that Hernandez-Luna has 14 days following the filing of the response to file a reply, if desired. 6 It is further Ordered that Local Rule LR 7-2(b) governs the scheduling for responses and replies to motions filed by either party. 8 Dated: September 29, 2025 Ly, Yf, ina 1. Navarro, Judge 10 Uni tates District Court 1] 12 13 14 15 16 17 18 19 20 21 22 23