Ronald Ernesto Portillo Portillo v. Pamela Bondi, et al.

Opinion

2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3

4 Ronald Ernesto Portillo Portillo, Case No. 2:26-cv-000155-CDS-NJK

5 Petitioner Order Appointing Counsel and Directing Service 6 v.

7 Pamela Bondi, et al., [ECF Nos. 1, 2]

8 Respondents 9 10 Petitioner Ronald Ernesto Portillo Portillo, an immigration detainee at the Nevada 11 Southern Detention Center, has submitted for filing a pro se petition for writ of habeas corpus and 12 motion for appointment of counsel. ECF Nos. 1-1, 2. 13 Portillo has also filed an application to proceed in forma pauperis. ECF No. 1. Finding that 14 Portillo does not have the funds to pay the filing fee for this action, I will grant his application and 15 waive the filing fee. 16 I find that appointment of counsel is in the interests of justice. See Chaney v. Lewis, 801 F.2d 17 1191, 1196 (9th Cir. 1986); 18 U.S.C. § 3006A. I will therefore grant Portillo’s motion for appointment 18 of counsel and appoint the Federal Public Defender for the District of Nevada to represent him. 19 Following a preliminary review of the petition, I will order Portillo’s petition served on 20 the respondents and order the respondents to appear and file a response. 21 IT IS THEREFORE ORDERED that the petitioner’s application to proceed in forma 22 pauperis [ECF No. 1] is GRANTED. Petitioner will not be required to pay the filing fee for this 23 action. 24 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to separately file 25 the petition for writ of habeas corpus (ECF No. 1-1). 26 1 IT IS FURTHER ORDERED that the petitioner’s motion for appointment of counsel 2 [ECF No. 2] is GRANTED. The Federal Public Defender for the District of Nevada (FPD) is 3 appointed to represent the petitioner. If the FPD is unable to represent the petitioner, because of a 4 conflict of interest or for any other reason, alternate counsel will be appointed. In either case, 5 counsel will represent the petitioner in all federal court proceedings relating to this matter, unless 6 allowed to withdraw. 7 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to electronically 8 serve upon the FPD a copy of this order and a copy of the petition (ECF No. 1-1). The FPD has until 9 February 4, 2026, to file a notice of appearance or to indicate to the Court their inability to 10 represent the petitioner. 11 IT IS FURTHER ORDERED that that the Clerk of Court is kindly directed to: 12 1. DELIVER a copy of the petition (ECF No. 1-1) and this order to the U.S. Marshal for 13 service. 14 2. ADD the United States Attorney for the District of Nevada to the docket as an 15 interested party. 16 3. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and this order to the 17 United States Attorney for the District of Nevada at sigal.chattah@usdoj.gov, 18 summer.johnson@usdoj.gov, veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, in accordance 19 with Federal Rule of Civil Procedure 5(b)(2)(E). 20 4. MAIL a copy of the petition (ECF No. 1-1) and this order pursuant to Rule 4(i)(2) of 21 the Federal Rules of Civil Procedure to: 22 (a) Pamela J. Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530 23 (b) John Mattos, Warden, Nevada Southern Detention Center, 24 2190 E. Mesquite Ave. Pahrump, NV 89060

26 1 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the petition (ECF 1-1) and this order on the United States Attorney for the District of Nevada or on an Assistant States Attorney or clerical employee designated by the United State Attorney pursuant to 4 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. 5 IT IS FURTHER ORDERED that counsel for the respondents file a notice of appearance 6 ||by February 4, 2026, and file and serve their response to the petition by February 11, 2026, unless 7 additional time is allowed for good cause shown. The petitioner will have 7 days following the 8 || filing of the response to file a reply. 9 IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of 10 || this district, with the exception of effectuating the petitioner’s lawful deportation. See F.T.C. v. Dean 11 || Foods Co., 384 U.S. 597, 604 (1966) (noting the court may use its “express authority under the All 12|| Writs Act to issue such temporary injunctions as may be necessary to protect its own 13 |jurisdiction”). /, / 14 Dated: January 27, 2026 LZ 15 □□□ D. Silva 16 U ine States District Judge

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