District of New Mexico • 2:26-cv-00161

#1

Jan 26, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Rene Vargas Terceros. (eh) (Entered: 01/26/2026)

Jan 26, 2026

United States District Judge Sarah M Davenport and United States Magistrate Judge Jerry H. Ritter assigned. (eh)

#2

Jan 27, 2026

ORDER TO ANSWER and Prohibiting Transfer Out of District by District Judge Sarah M Davenport. (jn) (Entered: 01/27/2026)

#3

Jan 27, 2026

ORDER REFERRING CASE to Magistrate Judge by District Judge Sarah M Davenport. (jn) (Entered: 01/27/2026)

#4

Feb 09, 2026

PRISONER'S MOTION AND AFFIDAVIT for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Rene Vargas Terceros. (jn) (Main Document 4 replaced on 2/12/2026) (jn). (Entered: 02/09/2026)

#5

Feb 10, 2026

ORDER by District Judge Sarah M. Davenport DIRECTING the Clerk's Office to update the Docket Sheet to reflect that Dora Castro is the Warden of Otero County Processing Center, and to reflect Pamela Bondi, Kristi Noem, Todd M. Lyons, and Mary De Anda-Ybarra as Respondents in the instant case. It is FURTHER ORDERED that the Clerk's Office shall serve Respondents pursuant to this District's Standing Order Regarding Service of Process in Immigration Habeas Petitions filed Pursuant to 28 U.S.C. § 2241. Case 1:26-mc-00004, ECF No. 3 (D.N.M. Jan. 28, 2026). After the Clerk serves Respondents, the Court will issue an order to answer.[THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/10/2026)

Feb 10, 2026

Order

#6

Feb 17, 2026

NOTICE of Appearance by Timothy S. Vasquez on behalf of Pamela Bondi, Mary De Anda-Ybarra, Todd M. Lyons, Kristi Noem (Vasquez, Timothy) (Entered: 02/17/2026)

#8

Feb 27, 2026

MOTION to Dismiss Petition for Writ of Habeas Corpus by Pamela Bondi, Mary De Anda-Ybarra, Kristi Noem. (Attachments: # 1 Appendix Order of Immigration Judge - Detention, # 2 Appendix Order of Immigration Judge: Voluntary Departure, # 3 Appendix Voluntary Departure Form with Alien's Declaration) (Vasquez, Timothy) (Entered: 02/27/2026)

#9

Mar 03, 2026

Letter by Rene Vargas Terceros (vh) (Entered: 03/03/2026)

#11

Apr 24, 2026

ORDER Setting In-Person Status Conference by Magistrate Judge Jerry H. Ritter. A status conference is set for May 8, 2026, at 11:00 a.m. MT in Las Cruces - 380 Animas Courtroom (South Tower) before Magistrate Judge Jerry H. Ritter. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jm) (Entered: 04/24/2026)

Apr 24, 2026

Order AND ~Util - Set Hearings

#12

May 06, 2026

Emergency MOTION to Quash ORDERS ENJOINING TRANSFER AND SETTING IN-PERSON STATUS CONFERENCE by Pamela Bondi, Mary De Anda-Ybarra, Todd M. Lyons, Kristi Noem. (Vasquez, Timothy) (Entered: 05/06/2026)

#13

May 06, 2026

ERRATA re 12 Emergency MOTION to Quash ORDERS ENJOINING TRANSFER AND SETTING IN-PERSON STATUS CONFERENCE by Pamela Bondi, Mary De Anda-Ybarra, Todd M. Lyons, Kristi Noem (Vasquez, Timothy) (Entered: 05/06/2026)

#14

May 08, 2026

ORDER by District Judge Sarah M. Davenport re 12 Emergency MOTION to Quash. On May 8, 2026, at the In-Person Status Conference before Magistrate Judge Jerry H. Ritter, counsel for the federal respondents represented that the 12/08/2025 deadline to depart in the Order of the Immigration Judge granting pre-conclusion voluntary departure under INA § 240B(a), in lieu of removal (see Doc. 8-2), had been extended to obtain a new passport to allow the petitioner lawful entry into Bolivia; and that the issues delaying the petitioner's voluntary departure have been resolved. The federal respondents are ORDERED to file a copy of the document(s) extending the time for petitioner's voluntary departure; or an affidavit by a DHS employee familiar with the facts and circumstances of the petitioner's immigration proceedings confirming that the petitioner's scheduled return to Bolivia on May 11, 2026 would complete his voluntary departure. The federal respondents shall file the supplemental materials no later than May 8, 2026 at 5:00 p.m. MT. [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](rz) (Entered: 05/08/2026)

#15

May 08, 2026

MOTION to Withdraw 12 Emergency MOTION to Quash ORDERS ENJOINING TRANSFER AND SETTING IN-PERSON STATUS CONFERENCE, 13 Errata by Pamela Bondi, Mary De Anda-Ybarra, Kristi Noem. (Vasquez, Timothy) (Entered: 05/08/2026)

May 08, 2026

Order

#16

May 11, 2026

Clerk's Minutes for Status Conference held before Magistrate Judge Jerry H. Ritter on 05/08/2026: Attended by Petitioner pro se with the aid of a Spanish interpreter and by AUSA Jonathan Gennari on behalf of Respondents. The Court reviewed the procedural history and asked the parties to clarify whether or not Petitioner had agreed to voluntarily depart the United States or sought to contest his removal via his habeas petition. The AUSA stated that Petitioner was granted voluntary departure and is scheduled to depart for Bolivia, Petitioner's home country, on a flight from El Paso on May 11th. The Court confirmed with the AUSA that Respondents' position is that Petitioner's departure from the country on that flight would constitute voluntary departure, not removal. Petitioner clarified with the Court that his preference is to remain with his daughter (a U.S. citizen) in the United States, but that if he must leave the country he would choose to do so via voluntary departure rather than removal. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jm) (Entered: 05/11/2026)

May 11, 2026

Status Conference

#17

May 13, 2026

ORDER by Magistrate Judge Jerry H. Ritter GRANTING 4 Motion for Leave to Proceed in Forma Pauperis. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jm) (Entered: 05/13/2026)

May 13, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#18

May 14, 2026

NOTICE by Pamela Bondi, Mary De Anda-Ybarra, Todd M. Lyons, Kristi Noem (Vasquez, Timothy) (Entered: 05/14/2026)

#22

May 18, 2026

Mail Returned as Undeliverable re 14 Order,,,,. Mail sent to Rene Vargas Terceros (jn) (Entered: 05/19/2026)

#23

May 21, 2026

Mail sent to Rene Vargas Terceros Returned as Undeliverable re 17 Order on Motion for Leave to Proceed in forma pauperis (DEPARTED). (jjs) (Entered: 05/21/2026)

#24

May 22, 2026

Mail Returned as Undeliverable re 19 Notice of Hearing,,,,,. Mail sent to Rene Vargas Terceros (jn) (Entered: 05/22/2026)

#25

May 22, 2026

Mail Returned as Undeliverable re 20 Notice of Hearing,,,,,. Mail sent to Rene Vargas Terceros (jn) (Entered: 05/22/2026)

#26

May 26, 2026

RESPONSE re 21 Order to Show Cause,,,,,,,, filed by Pamela Bondi, Mary De Anda-Ybarra, Kristi Noem. (Attachments: # 1 Affidavit Declaration of Deportation Officer Sepulveda) (Vasquez, Timothy) (Entered: 05/26/2026)

#30

May 28, 2026

Mail Returned as Undeliverable re 12 Emergency MOTION to Quash ORDERS ENJOINING TRANSFER AND SETTING IN-PERSON STATUS CONFERENCE. Mail sent to Rene Vargas Terceros. Detainee has departed. (vh) (Entered: 05/28/2026)

#31

Jun 03, 2026

Mail sent to Rene Vargas Terceros Returned as Undeliverable re 16 Status Conference,(DEPARTED) (jjs) (Entered: 06/03/2026)

#32

Jun 04, 2026

Mail sent to Rene Vargas Terceros Returned as Undeliverable re 27 Notice of Hearing (DEPARTED) (jjs) (Entered: 06/05/2026)

#33

Jun 04, 2026

Mail sent to Rene Vargas Terceros Returned as Undeliverable re 28 Status Conference (DEPARTED). (jjs) (Entered: 06/05/2026)

#34

Jun 04, 2026

Mail sent to Rene Vargas Terceros Returned as Undeliverable re 29 Order. (jjs) (Entered: 06/05/2026)

#37

Jun 18, 2026

Mail Returned