Western District of Oklahoma • 5:26-cv-02307

MBM v. Warden Diamondback Correctional Facility

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Case Information

Filed: August 28, 2026
Assigned to: Timothy D. DeGiusti
Referred to: Suzanne Mitchell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: November 06, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 28, 2026
PETITION for Writ of Habeas Corpus filed by MBM. (Attachments: # 1 Exhibit A-1 Pet.'s Decl._Redacted, # 2 Exhibit B-2 CAT Grant Aug. 18, 2018_Redacted, # 3 Exhibit C-3 OSUP Sept. 12, 2018_Redacted, # 4 Exhibit D-4 Third Country Fear Letter_Redacted, # 5 Exhibit E-5 Order of Judge Alston, dated Feb. 11, 2026, # 6 Exhibit F-6 Order, Reinoso Martinez v. Noem, # 7 Exhibit G-7 Order, Hernandez Blanco v. Noem, # 8 Exhibit H-8 Order, Castillo Rivas v. Bondi, # 9 Exhibit I-9 Declaration of Zandra Lopez filed in Rea-Hernandez v. Bondi, # 10 Exhibit J-10 Declaration of Jose M. Ruiz filed in D.A.M. v. Bondi, # 11 Exhibit K-11 Declaration of Martin Parsons filed in Rios v. Noem, # 12 Exhibit L-12 ICE Memoranda Outlining Release Policy, # 13 Civil Cover Sheet)(kb) (Entered: 08/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 28, 2026
NO PREVIOUS Cases (kb) (Entered: 08/31/2026)
Main Document: Previous Cases
#3
Aug 31, 2026
Receipt for Money Received from MBM in the amount of $5, receipt number 500019855 regarding 1 Petition for Writ of Habeas Corpus, (jsg) (Entered: 08/31/2026)
Main Document: Receipt
#4
Aug 31, 2026
ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Signed by Deputy Clerk on 08/31/2026. (kb) (Entered: 08/31/2026)
Main Document: Order Referring Case to Magistrate Judge
#5
Sep 01, 2026
MOTION for Leave to Appear Pro Hac Vice, Erica Rodarte, Esq. Filing fee $ 100, receipt number AOKWDC-5169221 by MBM. Motions referred to Suzanne Mitchell. (Rodarte, Erica) (Entered: 09/01/2026)
Main Document: Appear Pro Hac Vice (ONE motion per attorney)
#6
Sep 01, 2026
MOTION to Waive Local Counsel Requirement and Brief in Support by MBM. Motions referred to Suzanne Mitchell. (Rodarte, Erica) (Entered: 09/01/2026)
Main Document: Miscellaneous Relief
#7
Sep 01, 2026
MOTION for Leave to Proceed Under Pseudonym and Brief in Support by MBM. Motions referred to Suzanne Mitchell. (Rodarte, Erica) (Entered: 09/01/2026)
Main Document: Miscellaneous Relief
#8
Sep 03, 2026
ORDER granting 5 Motion to Appear Pro Hac Vice ; granting 6 Motion. Signed by Magistrate Judge Suzanne Mitchell on 9-3-26. (atb) (Entered: 09/03/2026)
Main Document: Order on Motion for Miscellaneous Relief AND Order on Motion to Appear Pro Hac Vice
#9
Sep 03, 2026
CERTIFICATE of Service of Petition. (Rodarte, Erica) (Entered: 09/03/2026)
Main Document: Certificate
#10
Sep 03, 2026
ENTRY of Appearance by Erica Valeria Rodarte on behalf of MBM (Rodarte, Erica) (Entered: 09/03/2026)
Main Document: Entry of Appearance
#11
Sep 04, 2026
ORDER granting 7 Motion to proceed under a pseudonym. Signed by Magistrate Judge Suzanne Mitchell on 9-4-26. (atb) (Entered: 09/04/2026)
Main Document: Order on Motion for Miscellaneous Relief
#12
Sep 04, 2026
ORDER for Response re 1 Petition for Writ of Habeas Corpus, filed by MBM. Signed by Magistrate Judge Suzanne Mitchell on 9-4-26. (atb) (Entered: 09/04/2026)
Main Document: Order for Response
#13
Sep 18, 2026
Entry of Appearance
Main Document: Entry of Appearance
#14
Sep 18, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#15
Oct 02, 2026
Reply
Main Document: Reply
#17
Nov 02, 2026
Status Report
Main Document: Status Report
#18
Nov 02, 2026
Amend/Correct
Main Document: Amend/Correct
#19
Nov 02, 2026
Status Report
Main Document: Status Report
Nov 02, 2026
Order
#21
Nov 06, 2026
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus,,, filed by MBM. The undersigned recommends the Court grant the petition insofar as it seeks release under § 1231 and Zadvydas and decline to reach Petitioner's remain ing grounds for release. The undersigned recommends that the Court order his immediate release subject to an appropriate OOS. The Court should further order Respondents to certify compliance by filing a status report within five business days of the Courts order. The undersigned also recommends that the Court order Respondents to comply with all applicable laws and regulations before any future re-detention of Petitioner, including any applicable exercises of discretion, notice, and opportunity to be heard. This Report and Recommendation terminates the referral of this matter to the undersigned. Objections to R&R due by 11/13/2026. Signed by Magistrate Judge Suzanne Mitchell on 11/6/26. (atb)
Main Document: Report and Recommendation