Patrick Buana-Kitoko Minango v. Pamela Bondi, et al.

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4

5 PATRICK BUANA-KITOKO MINANGO, Case No. 2:26-cv-00235-ART-BNW

6 Petitioner, SCREENING, APPOINTMENT v. AND SERVICE ORDER 7 PAMELA BONDI, et al., 8 Respondents. 9 10 Petitioner Patrick Buana-Kitoko Minango, an immigration detainee who is 11 challenging his ongoing federal detention at Nevada Southern Detention Center, 12 has filed a pro se petition for federal habeas corpus relief under 28 U.S.C. § 2241, 13 a motion for leave to proceed in forma pauperis (“IFP), and a motion for 14 appointment of counsel. (ECF Nos. 1, 1-1, 1-2.) The Court finds that good cause 15 exists to grant the motion to proceed IFP. The Court also finds that the 16 appointment of counsel is in the interests of justice, given, among other things, 17 the complexities of this case.1 And, following a preliminary review of the petition,2 18 the Court finds that it establishes a prima facie case for relief, so the Court directs 19 that it be served on the United States Attorney’s Office for the District of Nevada. 20 It is therefore ordered that the motion to proceed IFP (ECF No. 1) is granted. 21 It is further ordered that the motion for appointment of counsel (ECF No. 22 1-2) is granted. The Federal Public Defender for the District of Nevada is 23 appointed to represent Petitioner and is directed to file a notice of appearance (or 24 1 Prisoners applying for habeas corpus relief are entitled to appointed counsel 25 when the circumstances indicate that appointed counsel is necessary to prevent due process violations or whenever the interests of justice so require. Chaney v. 26 Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); 18 U.S.C. § 3006A; Rule 8(c), Rules 27 Governing § 2254 Cases. 2 The Court exercises its discretion to apply the rules governing 28 U.S.C. § 2254 28 petitions to this 28 U.S.C. § 2241 action. See Habeas Rule 1(b). 1 indicate its inability to represent Petitioner) within 7 days of the date of this 2 Order. If the Federal Public Defender is unable to represent Petitioner, alternate 3 counsel will be appointed. Appointed counsel will represent Petitioner in all 4 federal proceedings related to this matter, including any appeals or certiorari 5 proceedings, unless allowed to withdraw. 6 It is further ordered that if the Federal Public Defender files a notice of 7 appearance in this matter, it will then have 14 days to file an amended petition 8 (or to indicate that an amended petition is unnecessary). The Federal Public 9 Defender shall effectuate service of the amended petition, if one is filed, on the 10 respondents. 11 It is further kindly ordered that the Clerk of Court: 12 1. FILE the petition (ECF No. 1-1). 13 2. DELIVER a copy of the petition (ECF No. 1-1) and this Order to the 14 United States Marshal for service. 15 3. SEND a copy of the petition (ECF No. 1-1) and this Order to the 16 Federal Public Defender, Petitioner, and the CJA Coordinator for this 17 division. 18 4. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and 19 this Order to the United States Attorney’s Office for the District of 20 Nevada, at Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, 21 Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, in 22 accordance with Federal Rule of Civil Procedure 5(b)(2)(E). 23 5. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and 24 this Order to Ashley Hesman, who represents John Mattos, at 25 ahesman@strucklove.com. 26 6. Mail a copy of the petition (ECF No. 1-1) and this Order pursuant to 27 Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 28 a. Pamela Bondi, Attorney General of the United States, 950 1 Pennsylvania Avenue, NW, Washington, DC, 20530 2 b. Kristi Noem, Secretary, United States Department of 3 Homeland Security, 245 Murray Lane SW, Washington, DC 4 20528 5 c. Michael Bernacke, Salt Lake City ICE Field Office Director, 6 2975 Decker Lake Drive Suite 100, West Valley City, UT 7 84119-6096 8 d. Todd Lyons, Acting Director for U.S. Immigration and 9 Customs Enforcement, 500 12th Street, SW, Washington, DC 10 20536 11 e. John Mattos, Warden, Nevada Southern Center, 2190 E. 12 Mesquite Ave. Pahrump, NV 89060 13 It is further ordered that the United States Marshal SERVE a copy of the 14 petition (ECF No. 1-1) and this Order on the United States Attorney for the 15 District of Nevada or on an Assistant United States Attorney or clerical employee 16 designated by the United State Attorney pursuant to Rule 4(i)(1)(A)(i) of the 17 Federal Rules of Civil Procedure. 18 It is further ordered the United States Attorney’s Office for the District of 19 Nevada file a notice of appearance within 7 days of the date of this Order and file 20 and serve their answer to the amended petition within 14 days of service of the 21 counseled amended petition. The respondents must file with their answer any 22 documents reference or relied upon in their responsive pleading.3 Petitioner will 23 then have 7 days to file a reply. 24 It is further ordered that the parties must meet and confer regarding any 25 3 See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “a district court, 26 confronted by a petition for habeas corpus which establishes a prima facie case 27 for relief, may use or authorize the use of suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help the court to ‘dispose of the 28 matter as law and justice require.’”) (citing 28 U.S.C. § 2243). 1 || requests for an extension of deadlines and stipulate to the extension if possible. 2 || Any motion for extension must certify efforts taken to meet and confer and 3 || indicate the opposing party’s position regarding the extension. Any motion or 4 || stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules 5 || IA 6-1, 6-2. 6 It is further ordered that the respondents shall not transfer Petitioner out 7 || of this District, with the exception of effectuating his lawful deportation.* 8 9 DATED THIS 6th day of February 2026. 10

12 ANNER.TRAUM 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 || + 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 28 || as may be necessary to protect its own jurisdiction”).