District of New Mexico • 1:26-cv-02238

#1

Jul 10, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Riza Ataye. (Attachments: # 1 Civil Cover Sheet) (Heinrich, Andrew) (Entered: 07/10/2026)

#3

Jul 10, 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. (vlv)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/13/2026)

Jul 10, 2026

United States Chief District Judge Kenneth J. Gonzales and United States Magistrate Judge Damian L. Martinez assigned. (vlv)

#4

Jul 14, 2026

ORDER TO ANSWER by Chief District Judge Kenneth J. Gonzales: The USAO shall ANSWER the Petition within 10 business days of service of the Petition. Petitioner may file an optional reply within 7 days after the answer is filed. Any outstanding filing fees are due within 30 days, if Petitioner has not already paid the $5.00 fee. Petitioner may file a motion to proceed in forma pauperis in lieu of payment. The Clerk's Office shall confirm that the docket lists the following Respondents: the facility Warden; Mary De Anda-Ybarra; Todd Lyons; Todd Blanche; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 07/14/2026)

Jul 14, 2026

Order

#5

Jul 16, 2026

NOTICE of Appearance by Oliver Stephanz on behalf of Todd Blanche, Mary De Anda-Ybarra, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), FNU LNU, Todd Lyons, Markwayne Mullin, David Venturella (Stephanz, Oliver) (Entered: 07/16/2026)

#6

Jul 24, 2026

Filing fee: $ 5.00, receipt number 1011478 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/24/2026)

Jul 24, 2026

Filing Fee Received

#7

Jul 27, 2026

Respondents RESPONSE re 1 Petition for 2241 Relief filed by Todd Blanche, Mary De Anda-Ybarra, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Stephanz, Oliver) (Entered: 07/27/2026)

#8

Jul 27, 2026

REPLY re 7 Response, filed by Riza Ataye. (Heinrich, Andrew) (Entered: 07/27/2026)

#9

Aug 28, 2026

ORDER by Chief District Judge Kenneth J. Gonzales. The Court has considered Petitioner's Petition for a Writ of Habeas Corpus, Doc. 1, the Government's Response, Doc. 7, and the Petitioner's Reply, Doc. 8. There appears to be no dispute as to the factual representations in the Petition, therefore the Court adopts Petitioner's statement of the facts as the Court's own. Petitioners represent that "the timeline to remove Petitioner is currently unknown." Doc. 7-2 at 3. For that reason, and those stated in Perez v. De Anda-Ybarra, 2026 WL 2035275, at *1 (D.N.M.), the Court grants the Petition. Within seven (7) business days of this Order, the Government must release Petitioner. The Government shall file a status report within ten (10) business days certifying compliance. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 08/28/2026)

Aug 28, 2026

Order

#10

Sep 03, 2026

STATUS REPORT Certifying Compliance by Todd Blanche, Mary De Anda-Ybarra, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Todd Lyons, Markwayne Mullin (Stephanz, Oliver) (Entered: 09/03/2026)

#11

Sep 09, 2026

ORDER by Chief District Judge Kenneth J. Gonzales. On August 28, 2026, the Court granted Petitioner's Petition for a Writ of Habeas Corpus, ordered Petitioner released within seven (7) business days, and ordered Respondents to file a status report certifying the release of Petitioner within ten (10) business days. On September 3, 2026, Respondents filed a status report stating that Petitioner was released from custody on August 29, 2026. Doc. 10. Petitioner has received the relief ordered by the Court. The Clerk of Court is directed to terminate the case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 09/09/2026)

Sep 09, 2026

Order