District of New Mexico • 2:26-cv-01601

#1

May 18, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Francisco Javier Gallegos Casillas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (knb) (Entered: 05/19/2026)

#2

May 18, 2026

Emergency Motion to Prevent Transfer Detention by Francisco Javier Gallegos Casillas. (knb) (Entered: 05/19/2026)

#3

May 19, 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. (eh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/19/2026)

May 19, 2026

District Judge Kea W. Riggs and Magistrate Judge Kirtan Khalsa assigned. (knb)

#4

May 21, 2026

MOTION to Proceed under 28 U.S.C. 1915 by Francisco Javier Gallegos Casillas. (gr) (Entered: 05/22/2026)

#5

May 27, 2026

ORDER TO ANSWER by District Judge Kea W. Riggs: The USAO shall ANSWER the Petition and any pending motions for release within 10 business days. Petitioner's Motion to Proceed In Forma Pauperis [Doc. 4] is GRANTED and Petitioner is excused from prepaying the filing fee. 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: 05/27/2026)

May 27, 2026

Order to Answer AND ~Util - Terminate Motions

#6

Jun 01, 2026

NOTICE of Appearance by Grieta A Gilchrist on behalf of Todd Blance, El Paso Field Office Director for Immigration and Customs Enforcement, Todd M Lyons, Markwayne Mullin, U.S. Attorney General, Mary De Andra Ybarra (Gilchrist, Grieta) (Entered: 06/01/2026)

#7

Jun 09, 2026

RESPONSE re 1 Petition for 2241 Relief filed by Todd Blance, El Paso Field Office Director for Immigration and Customs Enforcement, Todd M Lyons, Markwayne Mullin, U.S. Attorney General, Mary De Andra Ybarra. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Jansen, Scott) (Entered: 06/09/2026)

#8

Jun 10, 2026

ORDER by District Judge Kea W. Riggs granting in part 1 Petition and denying 2 Motion to Prevent Transfer. (jv) (Entered: 06/10/2026)

#9

Jun 10, 2026

JUDGMENT by District Judge Kea W. Riggs. (jv) (Entered: 06/10/2026)

#10

Jun 22, 2026

STATUS REPORT by Todd Blance, Todd M Lyons, Markwayne Mullin, U.S. Attorney General (Attachments: # 1 Exhibit A) (Gilchrist, Grieta) (Entered: 06/22/2026)

#11

Jun 22, 2026

REPLY to 7 Response, filed by Francisco Javier Gallegos Casillas. (fs) (Entered: 06/23/2026)

#12

Jul 06, 2026

MOTION to Enforce Judgment and for Immediate Release by Francisco Javier Gallegos Casillas. (fs) (Entered: 07/06/2026)

#13

Jul 20, 2026

RESPONSE in Opposition re 12 MOTION filed by Todd Blanche, El Paso Field Office Director for Immigration and Customs Enforcement, Todd M Lyons, Markwayne Mullin, U.S. Attorney General, Mary De Andra Ybarra. (Gilchrist, Grieta) (Entered: 07/20/2026)

#14

Jul 24, 2026

MOTION to Prevent Transfer from Detention by Francisco Javier Gallegos Casillas. (jv) (Entered: 07/24/2026)

#15

Aug 12, 2026

REPLY to Response to Motion re 12 MOTION filed by Francisco Javier Gallegos Casillas. (jv) (Entered: 08/12/2026)

#16

Aug 12, 2026

MOTION to Dismiss the Respondents Arguments by Francisco Javier Gallegos Casillas. (jv) (Entered: 08/12/2026)

#17

Aug 31, 2026

ORDER by District Judge Kea W. Riggs denying 12 Motion ; denying 14 ORDER on Motion for Order; denying 16 Motion to Dismiss: TEXT-ONLY ORDER DENYING MOTION TO ENFORCE. The Court has reviewed the docket and the record before the Court. The Court granted in part Petitioner's habeas petition and ordered Respondents to hold an individualized bond hearing. Respondents held an individualized bond hearing before an immigration judge, who denied bond or release, finding that Petitioner is a danger to the community and/or flight risk. Now, Petitioner requests that the Court enforce its judgment and order his release. Petitioner fails to demonstrate that the immigration judge did not hold an individualized bond hearing in compliance with the Court's order.The Court "retains jurisdiction to enforce its lawful judgments, including habeas judgments." Gall v. Scroggy, 603 F.3d 346, 352 (6th Cir. 2010); Burton v. Johnson, 975 F.2d 690, 693 (10th Cir. 1992) (explaining that district court has authority to enforce its habeas judgment). And the Court has jurisdiction over constitutional challenges to the application of § 1226. See Demore v. Kim, 538 U.S. 510, 516-17 (2003) (holding that "Section 1226(e) contains no explicit provision barring habeas review, and... its clear text does not bar [a petitioner's] constitutional challenge"); Jennings v. Rodriguez, 583 U.S. 281, 295 (2018). And the Court has jurisdiction over constitutional challenges brought by detainees as to their detention. But the Court does not have jurisdiction to review an immigration judge's discretionary bond decision. Under § 1226(e), "[n]o court may set aside any action or decision by the Attorney General under [§ 1226] regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole." "This provision precludes the Court from reviewing the IJ's decision that denied bond because Petitioner was a flight risk." Mwangi v. Terry, 465 F. App'x 784, 786-87 (10th Cir. 2012) ("Therefore, to the extent Mr. Mwangi challenges the agency's discretionary bond decision, the magistrate judge was correct that the court lacked jurisdiction."). Here, an immigration judge held an individualized bond hearing and complied with the Court's order. Petitioner failed to demonstrate that the immigration judge violated the constitution at the bond hearing or failed to comply with the Court's order. All pending motions are DENIED. (cab) (Entered: 08/31/2026)

Aug 31, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for Order AND Order on Motion to Dismiss