District of New Mexico • 1:26-cv-03060
Martinez Zarate v. De Anda-Ybarra
Completed
Case Information
Filed: September 14, 2026
Assigned to:
Kenneth John Gonzales
Referred to:
Jerry H. Ritter Jr.
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: November 05, 2026
Last Activity:
November 05, 2026
Parties:
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Docket Entries
#1
Sep 14, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Gustavo Francisco Martinez Zarate. (eh) (Entered: 09/15/2026)
Main Document:
Petition for 2241 Relief
#2
Sep 14, 2026
MOTION for Leave to Proceed in forma pauperis by Gustavo Francisco Martinez Zarate. (eh) Modified termed motion per Doc 4 on 9/17/2026 (vlv). (Entered: 09/15/2026)
Main Document:
Proceed In Forma Pauperis
#3
Sep 15, 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. (eh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/15/2026)
Sep 15, 2026
United States Chief District Judge Kenneth J. Gonzales and United States Magistrate Judge Jerry H. Ritter assigned. (eh)
#4
Sep 16, 2026
ORDER TO ANSWER by Chief District Judge Kenneth J. Gonzales: The USAO shall ANSWER the Petition (Doc. 1) within 10 business days of service of the Petition. Petitioner may file an optional reply within 7 days after the answer is filed. Petitioner's Motion to Proceed In Forma Pauperis (Doc. 2) is granted. The Clerk's Office shall confirm that the docket lists the following Respondents: the facility Warden; Mary De Anda-Ybarra; Acting ICE Director; Acting US Attorney General; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 09/16/2026)
Sep 16, 2026
Order
#5
Sep 23, 2026
MOTION to Maintain Custody Within the District of New Mexico Pending Resolution of Petition by Gustavo Francisco Martinez Zarate. (arp) (Entered: 09/24/2026)
Main Document:
Order
#6
Sep 28, 2026
RESPONSE re 1 Petition for 2241 Relief filed by Todd Blanche, Mary De Anda-Ybarra, Markwayne Mullin, David Venturella. (Cortesi, Nancy) (Entered: 09/28/2026)
Main Document:
Response (when not to a motion)
#7
Oct 16, 2026
ORDER by Chief District Judge Kenneth J. Gonzales granting 1 Petition for a Writ of Habeas Corpus; and denying as moot 5 Petitioner's Emergency Motion to Maintain Custody Within the District of New Mexico. (tah) (Entered: 10/16/2026)
#8
Oct 28, 2026
Mail Returned as Undeliverable "RTS Out to Court/Paroled" re 7 Order. Mail sent to Gustavo Francisco Martinez Zarate.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jv) (Entered: 10/29/2026)
Oct 29, 2026
Mail Returned
#9
Nov 03, 2026
ORDER TO SHOW CAUSE by Chief District Judge Kenneth J. Gonzales: On October 16, 2026, the Court directed Respondents to immediately release Petitioner and file a status report within five (5) business days certifying compliance (Doc. 7). Respondents failed to file that report. Within forty-eight (48) hours of this Order, Respondents are directed to file a status report certifying compliance with the Courts prior order. If Petitioner has not been released, Respondents shall immediately release Petitioner and shall further show cause why they failed to adhere to the prior Order. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 11/03/2026)
#10
Nov 03, 2026
NOTICE of Appearance by Nancy Ann Cortesi on behalf of Todd Blanche, Mary De Anda-Ybarra, Markwayne Mullin, David Venturella (Cortesi, Nancy) (Entered: 11/03/2026)
Main Document:
NOTICE
#11
Nov 03, 2026
RESPONSE re 9 Order to Show Cause,, filed by Todd Blanche, Mary De Anda-Ybarra, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A) (Cortesi, Nancy) (Entered: 11/03/2026)
Main Document:
Response (when not to a motion)
#12
Nov 03, 2026
NOTICE by Todd Blanche, Mary De Anda-Ybarra, Markwayne Mullin, David Venturella (Cortesi, Nancy) (Entered: 11/03/2026)
Main Document:
NOTICE
Nov 03, 2026
Order to Show Cause
#13
Nov 05, 2026
ORDER by Chief District Judge Kenneth J. Gonzales: On November 3, 2026, the Court directed Respondents to show cause and immediately file a status report certifying compliance with the Court's prior order granting the habeas petition (Doc. 9). Because Respondents filed the required status report confirming Petitioner's release (Doc. 12), the Order to Show Cause is QUASHED and the case is TERMINATED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 11/05/2026)
Nov 05, 2026
Order
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