District of New Mexico • 1:26-cv-01425

#1

May 05, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Jose Mario Pitta Picon. (jg) (Entered: 05/05/2026)

#3

May 05, 2026

Filing fee: $ 5, receipt number 1010571 (jg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/05/2026)

#4

May 05, 2026

NOTICE: In accordance with the Standing Order, filed January 28, 2026 in 26-MC-00004-03 (Doc. 3), the Clerk of Court provides notice of completion of electronic service. A copy of the petition in this matter was provided to all federal respondents by Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system. The parties should review the Standing Order, and any further Orders entered in this matter regarding the deadline to respond to the petition. (jg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/05/2026)

May 05, 2026

Filing Fee Received

May 05, 2026

United States District Judge Sarah M Davenport and United States Magistrate Judge Kirtan Khalsa assigned. (jg)

#5

May 07, 2026

ORDER TO ANSWER AND ENJOINING TRANSFER by District Judge Sarah M. Davenport: The USAO shall ANSWER the Petition and any pending motions by May 21, 2026. An optional reply is due within 10 days after the answer is filed. The Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending. The Clerk's Office shall confirm that the docket lists the following Respondents: the facility Warden; the El Paso Field Office Director for Immigration and Customs Enforcement; the U.S. Attorney General; Todd Lyons; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (atc) (Entered: 05/07/2026)

May 07, 2026

Order to Answer

#6

May 08, 2026

NOTICE of Appearance by Clara Nevarez Cobos on behalf of Todd Blanche, Mary De Anda Ybarra, Todd M. Lyons, Markwayne Mullin (Cobos, Clara) (Entered: 05/08/2026)

#7

May 20, 2026

Response (when not to a motion)

#8

May 28, 2026

Reply (when not to a motion)

#9

Jul 02, 2026

Appendix/Supplement

#10

Jul 07, 2026

STATUS REPORT ORDER by District Judge Sarah M. Davenport. Status Report due by 7/8/2026. On May 5, 2026, Petitioner Jose Mario Pitta Picon filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. On May 7, 2026, the Court ordered Respondents to answer the petition and enjoined them from removing Petitioner from the district pending resolution of his petition. Doc. 5. On May 20, 2026, Respondents filed their answer. Doc. 7. Respondents do not dispute that Petitioner has lived in the United States for two years, has no criminal history, and has a pending appeal before the Board of Immigration Appeals, but maintain that Petitioner is an applicant for admission subject to mandatory detention under 8 U.S.C. § 1225. Nevertheless, Respondents concede that Petitioner is entitled to relief per this Court's historic interpretation of 28 U.S.C. §§ 1225 and 1226. Last week, the Court received the following update from Petitioner: "On June 12, 2026, Petitioner was removed from the United States... The purported basis for the removal was a failure to pay an asylum fee. This is factually incorrect. Petitioner paid the $100.00 Form I-589 filing fee on April 8, 2026, as evidenced by EOIR Payment Receipt Tracking ID: 2818C8AB." Doc. 9. However, according to the USCIS Online Detainee Locator System, Petitioner remains in ICE's custody at the Torrance County Detention Facility. To resolve this discrepancy, the Court ORDERS Respondents to provide the Court with evidence of Petitioners' current location and any available information explaining his alleged removal. Respondents shall comply with this Order within 24 hours of its entry.[THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gpb) (Entered: 07/07/2026)

Jul 07, 2026

Status Report Order

#11

Jul 08, 2026

Status Report