District of New Mexico • 2:26-cv-03272

Montero Santos v. Warden

Completed

Case Information

Filed: October 01, 2026
Assigned to: Margaret I. Strickland
Referred to: Gregory Wormuth
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: October 14, 2026
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 01, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Elvia Isabel Montero Santos. (bc) (Entered: 10/01/2026)
Main Document: Petition for 2241 Relief
#2
Oct 01, 2026
PETITION FOR CANCELLATION OF REMOVAL by Elvia Isabel Montero Santos (bc) (Entered: 10/01/2026)
Main Document: PETITION
#3
Oct 01, 2026
MOTION FOR WAIVED FEE by Elvia Isabel Montero Santos. (bc) (Entered: 10/01/2026)
Main Document: Order
#4
Oct 01, 2026
EMERGENCY MOTION TO PROHIBIT TRANSFER by Elvia Isabel Montero Santos. (bc) (Entered: 10/01/2026)
Main Document: Order
#5
Oct 01, 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. (bc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/01/2026)
#6
Oct 01, 2026
ORDER TO ANSWER 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 USAO's answer also MUST specify whether the holding in Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026), requires relief. Petitioner's 3 Motion for Waived Fee is GRANTED and Petitioner is not required to pay the filing fee. Petitioner's 4 Motion Prohibiting Transfer is GRANTED as follows: 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; Mary De Anda-Ybarra; Acting ICE Director; U.S. Attorney General; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 10/01/2026)
Oct 01, 2026
United States District Judge Margaret I. Strickland and United States Chief Magistrate Judge Gregory B. Wormuth assigned. (bc)
Oct 01, 2026
Order to Show Cause
#7
Oct 08, 2026
NOTICE of Appearance by Jolanna Kristyn Macias on behalf of Acting Ice Director, Mary De Anda-Ybarra, Markwayne Mullin, U.S. Attorney General (Macias, Jolanna) (Entered: 10/08/2026)
Main Document: NOTICE
#8
Oct 14, 2026
RESPONSE re 1 Petition for 2241 Relief filed by Acting Ice Director, Mary De Anda-Ybarra, Markwayne Mullin. (Macias, Jolanna) (Entered: 10/14/2026)
Main Document: Response (when not to a motion)
#9
Oct 14, 2026
ORDER by District Judge Margaret I. Strickland GRANTING 1 Petition for Writ of Habeas Corpus. (gri) (Entered: 10/14/2026)
Main Document: Order
#10
Oct 14, 2026
FINAL JUDGMENT in favor of Petitioner against Respondents by District Judge Margaret I. Strickland. (gri) (Entered: 10/14/2026)
Main Document: Judgment
#11
Oct 16, 2026
STATUS REPORT by Acting Ice Director, Mary De Anda-Ybarra, Markwayne Mullin, U.S. Attorney General (Attachments: # 1 Exhibit A) (Macias, Jolanna) (Entered: 10/16/2026)
Main Document: Status Report
#12
Oct 27, 2026
Mail Returned
Main Document: Mail Returned

Parties

LNU
Party
Montero Santos
Party