Active
Case Information
Filed: October 07, 2026
Assigned to:
David H. Urias
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:
October 23, 2026
Parties:
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Docket Entries
#1
Oct 07, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by David Diaz-Alvarado. (eh) (Entered: 10/07/2026)
Main Document:
Petition for 2241 Relief
#2
Oct 07, 2026
MOTION for Leave to Proceed in forma pauperis by David Diaz-Alvarado. (eh) (Entered: 10/07/2026)
Main Document:
Proceed In Forma Pauperis
#3
Oct 07, 2026
EMERGENCY MOTION to Prevent Transfer from Detention by David Diaz-Alvarado. (eh) (Entered: 10/07/2026)
Main Document:
Order
#4
Oct 07, 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: 10/07/2026)
Oct 07, 2026
United States District Judge David H. Urias and United States Magistrate Judge Jennifer M. Rozzoni assigned. (eh)
#5
Oct 09, 2026
ORDER TO SHOW CAUSE AND GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND GRANTING MOTION TO PREVENT TRANSFER by District Judge David H. Urias The Court has reviewed the Petition sua sponte under Habeas Corpus Rule 4 and finds that dismissal is not warranted, and a response is necessary. Pursuant to the Standing Order regarding service, IT IS HEREBY ORDERED that Respondents must answer the Petition and show cause why it should not be granted within ten (10) business days of this Order. Petitioner's reply, if any, is due five (5) business days after the Response is filed. If Respondents fail to timely answer, the Court may grant the requested relief without further proceedings. The Clerk's Office shall confirm that the docket lists the following Respondents: FACILITY WARDEN; Markwayne Mullin, Secretary, U.S. Department of Homeland Security; Todd Blanche, U.S. Attorney General; ACTING DIRECTOR, U.S. Immigration and Customs Enforcement; and Mary De Anda-Ybarra, Director, El Paso Field Office, Enforcement and Removal Operations. Petitioner's 2 Motion to Proceed In Forma Pauperis is GRANTED. Petitioner's 3 Motion to Prevent Transfer is GRANTED. Accordingly, IT IS HEREBY ORDERED that, absent a final order of removal, Respondents and their agents, including the Department of Homeland Security ("DHS") and Immigration and Customs Enforcement ("ICE"), shall not transfer Petitioner from the District of New Mexico pending final resolution of his Petition for Writ of Habeas Corpus. (cs) (Entered: 10/09/2026)
Oct 09, 2026
Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion for Order
#6
Oct 14, 2026
NOTICE of Appearance by Christina Muscarella Gooch on behalf of Otero County Prison Facility - Warden (Gooch, Christina) (Entered: 10/14/2026)
Main Document:
NOTICE
#7
Oct 14, 2026
NOTICE of Compliance With 5 Order to Show Cause and Joinder in USA Respondents' Claims and Defenses by Otero County Prison Facility - Warden (Gooch, Christina) Modified text on 10/16/2026 (vlv). (Entered: 10/14/2026)
Main Document:
NOTICE
#8
Oct 14, 2026
Emergency MOTION for Stay of Removal by David Diaz-Alvarado. (arp) (Entered: 10/15/2026)
Main Document:
Stay
#9
Oct 15, 2026
NOTICE of Appearance by Sean J. Sullivan on behalf of Acting Director, Mary De Anda-Ybarra, Todd Blanche, Markwayne Mullin (Sullivan, Sean) (Entered: 10/15/2026)
Main Document:
NOTICE
#10
Oct 23, 2026
RESPONSE re 1 Petition for 2241 Relief filed by Mary De Anda-Ybarra, Todd Blanche, Markwayne Mullin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Sullivan, Sean) (Entered: 10/23/2026)
Main Document:
Response (when not to a motion)
Parties
Diaz-Alvarado
Party
LNU
Party