Western District of Oklahoma • 5:26-cv-02459
Brito v. Diamondback Correctional Facility
Active
Case Information
Filed: September 11, 2026
Assigned to:
Bernard M. Jones II
Referred to:
Amanda Leigh Maxfield
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
October 29, 2026
Parties:
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Docket Entries
#1
Sep 11, 2026
PETITION for Writ of Habeas Corpus filed by David Candelario Montiel Brito. (Attachments: # 1 Envelope)(kb) (Entered: 09/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
NO PREVIOUS Cases (kb) (Entered: 09/14/2026)
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Previous Cases
#4
Sep 11, 2026
Receipt for Money Received from Petitioner David Candelario Montiel Brito in the amount of $5.00, receipt number 500020134 regarding 1 Petition for Writ of Habeas Corpus (kb) (Entered: 09/14/2026)
Main Document:
Receipt
#3
Sep 14, 2026
ENTER ORDER REFERRING CASE to US Magistrate Judge Amanda Leigh Maxfield. Signed by Deputy Clerk on 09/14/2026. (kb) (Entered: 09/14/2026)
Main Document:
Order Referring Case to Magistrate Judge
#5
Sep 18, 2026
Order for Response
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Order for Response
#6
Oct 02, 2026
Mail Returned
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Mail Returned
#7
Oct 02, 2026
Entry of Appearance
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Entry of Appearance
#8
Oct 02, 2026
Response to Non - Motion
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Response to Non - Motion
#9
Oct 06, 2026
Extension of Time to File Response/Reply
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Extension of Time to File Response/Reply
#10
Oct 07, 2026
Order on Motion for Extension of Time to File Response/Reply
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Order on Motion for Extension of Time to File Response/Reply
#11
Oct 13, 2026
Reply
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Reply
#12
Oct 16, 2026
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus. The undersigned recommends that the Petition, (Doc. 1), be GRANTED in part. The undersigned recommends that the Court order Respondents to provide Petitioner an individualized bon d hearing before a neutral Immigration Judge within 7 days of the judgment in this matter, or else release him from custody. This Report and Recommendation terminates the referral of this matter to the undersigned. Objections to R&R due by 10/23/2026. Signed by US Magistrate Judge Amanda Leigh Maxfield on 10/16/2026. (ac)
#13
Oct 29, 2026
ORDER ADOPTING REPORT AND RECOMMENDATION ~ The Report and Recommendation 12 is ADOPTED and Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 1 is GRANTED IN PART in so far as it all eges Respondents violated the Immigration and Nationality Act. The Court ORDERS Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) within seven days of the date of this Order, or release Petitioner if no hearing occurs within that period. Respondents shall certify compliance within ten days of the date of this Order. A separate judgment will enter. Signed by Judge Bernard M. Jones, II on 10/29/2026. (dwl)
#14
Oct 29, 2026
Judgment
Main Document:
Judgment