District of New Mexico • 2:26-cv-02706

Brito-Brito v. Warden.

Active

Case Information

Filed: August 17, 2026
Assigned to: Margaret I. Strickland
Referred to: Damian L. Martinez
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 17, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Elias Brito-Brito. (Attachments: # 1 MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS) (amm) (Entered: 08/17/2026)
Main Document: Petition for 2241 Relief
#2
Aug 17, 2026
Filing fee: $ 5.00, receipt number 2000944 (amm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/17/2026)
#3
Aug 17, 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. (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/17/2026)
Aug 17, 2026
Filing Fee Received
Aug 17, 2026
District Judge Margaret I. Strickland and Magistrate Judge Damian L. Martinez assigned. (amm)
#4
Aug 18, 2026
ORDER TO SHOW CAUSE AND ENJOINING TRANSFER by District Judge Margaret I. Strickland: The USAO shall ANSWER the Petition and show cause why relief should not be granted within 10 business days, unless the Court sets a separate deadline/hearing to address emergency relief. The USAO's answer MUST specify whether the Court has already ruled on the legal issue(s) in this case and, if so, whether the facts are distinguishable from prior rulings. The Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending, absent a final order of removal. Finally, the Clerk's Office shall confirm the docket lists the following Respondents: the facility Warden; Acting ICE Field Director; Acting U.S. Attorney General; and Secretary Markwayne Mullin. Show Cause Response due by 9/1/2026. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (pa) (Entered: 08/18/2026)
Aug 18, 2026
Order to Show Cause
#5
Aug 19, 2026
NOTICE of Appearance by Grant Gardner on behalf of Acting ICE Field Director, Acting U.S. Attorney General, Markwayne Mullin (Gardner, Grant) (Entered: 08/19/2026)
Main Document: NOTICE
#6
Aug 24, 2026
Mail Returned as Undeliverable re Add and Terminate Judges. Mail sent to Elias Brito-Brito (jn) (Entered: 08/25/2026)
Main Document: Mail Returned
#7
Aug 24, 2026
Mail Returned as Undeliverable re 2 Filing Fee Received. Mail sent to Elias Brito-Brito (jn) (Entered: 08/25/2026)
Main Document: Mail Returned
#8
Aug 24, 2026
Mail Returned as Undeliverable re 3 Notice of Service re 2241 Immigration Cases (Text Only),,. Mail sent to Elias Brito-Brito (jn) (Entered: 08/25/2026)
Main Document: Mail Returned
#9
Aug 24, 2026
Mail Returned as Undeliverable re 4 Order to Show Cause,,,. Mail sent to Elias Brito-Brito (jn) (Entered: 08/25/2026)
Main Document: Mail Returned
#10
Aug 31, 2026
Petitioner's Emergency Notice of Custodial Transfers and Motion to Clarify and Enforce the Court's August 18, 2026 Order by Elias Brito-Brito (vh) (Entered: 08/31/2026)
Main Document: Petitioner's
#11
Sep 01, 2026
RESPONSE re 1 Petition for 2241 Relief filed by Acting ICE Field Director, Acting U.S. Attorney General, Markwayne Mullin. (Attachments: # 1 Exhibit) (Gardner, Grant) (Entered: 09/01/2026)
Main Document: Response (when not to a motion)
#12
Sep 04, 2026
Mail Returned as Undeliverable re 1 Petition for 2241 Relief. Mail sent to Elias Brito-Brito (vh) (Entered: 09/04/2026)
Main Document: Mail Returned
#13
Sep 08, 2026
Mail Returned as Undeliverable re 10 Notice (Other). Mail sent to Elias Brito-Brito (jn) (Entered: 09/08/2026)
Main Document: Mail Returned
#14
Sep 11, 2026
PETITIONER'S NOTICE of Current Custodial Location and Supplement Notice Regarding Interstate Transfers by Elias Brito-Brito (jn) (Entered: 09/11/2026)
Main Document: PETITIONER'S
#15
Sep 15, 2026
Mail Returned
Main Document: Mail Returned
#16
Sep 16, 2026
ORDER GRANTING 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241 by District Judge Margaret I. Strickland. (pa)
Main Document: Order
#17
Sep 16, 2026
Judgment
Main Document: Judgment

Parties

Brito-Brito
Party
Castro
Party