Active
Case Information
Filed: August 19, 2026
Assigned to:
Kenneth John Gonzales
Referred to:
Jennifer M. Rozzoni
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
September 14, 2026
Parties:
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Docket Entries
#1
Aug 19, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Bayron Augusto Orozco Velasquez. (dr) (Entered: 08/19/2026)
Main Document:
Petition for 2241 Relief
#2
Aug 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. (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/19/2026)
Aug 19, 2026
United States Chief District Judge Kenneth J. Gonzales and United States Magistrate Judge Jennifer M. Rozzoni assigned. (dr)
#3
Aug 28, 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; the El Paso Field Office Director, Enforcement and Removal Operations; the U.S. Attorney General; the Acting Director, U.S. Immigration and Customs Enforcement; and Markwayne Mullin, Secretary, U.S. Department of Homeland Security. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 08/28/2026)
Aug 28, 2026
Order
#4
Sep 03, 2026
NOTICE of Appearance by Allison Shokes on behalf of Acting Director, El Paso Field Office Director, Markwayne Mullin, U.S. Attorney General (Shokes, Allison) (Entered: 09/03/2026)
Main Document:
NOTICE
#5
Sep 03, 2026
RESPONSE re 1 Petition for 2241 Relief filed by Acting Director, El Paso Field Office Director, Markwayne Mullin, U.S. Attorney General. (Shokes, Allison) (Entered: 09/03/2026)
Main Document:
Response (when not to a motion)
#6
Sep 03, 2026
MOTION to Proceed under 28 U.S.C. 1915 by Bayron Augusto Orozco Velasquez. (vlv) (Entered: 09/03/2026)
Main Document:
Proceed 28 U.S.C. 1915
#7
Sep 14, 2026
ORDER by Chief District Judge Kenneth J. Gonzales. The Court has considered Petitioner's Petition for a Writ of Habeas Corpus, Doc. 1, and the Government's Response, Doc. 5. In its Response, the Government states that it is "not submitting a brief in opposition to the Petition." Doc. 5 at 1. For that reason, and those stated in Oliva Rodas v. U.S. Immigr. & Customs Enf't, 2026 WL 2163442, at *2 (D.N.M.), the Court grants the Petition. Within seven (7) business days of this Order, the Government shall provide Petitioner with a bond hearing where Petitioner bears the burden of proving by a preponderance of the evidence that conditions of release would adequately address any risk of flight or danger to the community. Should the Government fail to provide Petitioner a bond hearing within seven (7) business days, it must release him. The Government shall file a status report within ten (10) business days of this Order certifying compliance. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 09/14/2026)
Sep 14, 2026
Order
Parties
LNU
Party
Orozco Velasquez
Party