District of New Mexico • 2:26-cv-03416

Perez Carvajal v. Warden

Active

Case Information

Filed: October 13, 2026
Assigned to: Margaret I. Strickland
Referred to: Gregory J. Fouratt
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: November 03, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 13, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Juan Luis Perez Carvajal. (eh) (Entered: 10/14/2026)
Main Document: Petition for 2241 Relief
#2
Oct 13, 2026
MOTION to Support For US Habeas Corpus by Juan Luis Perez Carvajal. (eh) (Entered: 10/14/2026)
Main Document: Order
#3
Oct 13, 2026
Letters in Support. (eh) (Entered: 10/14/2026)
Main Document: Letter
#8
Oct 13, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Cristina Martinez Iniguez. (vh) (Entered: 10/20/2026)
Main Document: Petition for 2241 Relief
#9
Oct 13, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Luis Raul Perez Martinez. (vh) (Entered: 10/20/2026)
Main Document: Petition for 2241 Relief
#10
Oct 13, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Juan Luis Perez Martinez. (vh) (Entered: 10/20/2026)
Main Document: Petition for 2241 Relief
#11
Oct 13, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Luis Santiago Perez Martinez. (vh) (Entered: 10/20/2026)
Main Document: Petition for 2241 Relief
#4
Oct 14, 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: 10/14/2026)
#5
Oct 14, 2026
Filing fee: $ 5.00, receipt number 1012354 (nnd)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/15/2026)
Oct 14, 2026
United States District Judge Margaret I. Strickland and United States Magistrate Judge Gregory J. Fouratt assigned. (eh)
Oct 15, 2026
Filing Fee Received
#6
Oct 16, 2026
ORDER by District Judge Margaret I. Strickland GRANTING 2 Motion to Consolidate.On October 13, 2026, Petitioner Juan Luis Perez Carvajal filed a Petition for Writ of Habeas Corpus indicating that he and his family are in immigration detention at the Otero County Processing Center in Chaparral, New Mexico. ECF No. 1 at 1, 6. Petitioner's wife and three children have filed separate Petitions for Writ of Habeas Corpus in this District. See Case Nos. 26-cv-3417-SMD-KRS; 26-cv-3420-DHU-JHR; 26-cv-3421-MIS-JFR; 26-cv-3422-KG-JFR. Petitioner also filed the instant Motion asking the Court to consolidate all five cases into the instant case. ECF No. 2 . The Motion was filed in each of the cases, and each of the District Judges assigned to the cases consents to their consolidation in this case.Accordingly, it is ORDERED that Case Nos. 26-cv-3416-MIS-GJF, 26-cv-3417-SMD-KRS; 26-cv-3420-DHU-JHR; 26-cv-3421-MIS-JFR; 26-cv-3422-KG-JFR are hereby CONSOLIDATED into this action. The Clerk's Office shall TRANSFER the other four cases to this case, file the other four Petitions on the docket in this case, and list the other four Petitioners as Petitioners in this case. Case No. 26-cv-3416-MIS-GJF shall serve as the Lead Case, and going forward all pleadings/filings shall be docketed in Case No. 26-cv-3416-MIS-GJF only. After the cases have been consolidated, the Clerk's Office shall ADMINISTRATIVELY CLOSE the other four cases.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 10/16/2026)
Oct 16, 2026
Order on Motion for Order
#7
Oct 19, 2026
ORDER TO SHOW CAUSE AND ENJOINING TRANSFER by District Judge Margaret I. Strickland: The USAO shall ANSWER the Petition, and those in Case Nos. 26-cv-3417-SMD-KRS; 26-cv-3420-DHU-JHR; 26-cv-3421-MIS-JFR; 26-cv-3422-KG-JFR, which have been consolidated with this case, 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 whether the holding in Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026) requires relief. 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; Acting ICE Director, Acting ICE Field Director; Acting U.S. Attorney General; and Secretary Markwayne Mullin.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Show Cause Response due by 11/2/2026. (pa) (Entered: 10/19/2026)
Oct 19, 2026
Order to Show Cause
#12
Nov 02, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Acting Ice Director, Acting U.S. Attorney General, Markwayne Mullin. (Gilchrist, Grieta) (Entered: 11/02/2026)
Main Document: Dismiss
#13
Nov 02, 2026
NOTICE of Appearance by Grieta A Gilchrist on behalf of Acting Ice Director, Acting U.S. Attorney General, Markwayne Mullin (Gilchrist, Grieta) (Entered: 11/02/2026)
Main Document: NOTICE
#14
Nov 03, 2026
ORDER TO SUPPLEMENT BRIEFING by District Judge Margaret I. Strickland: In reviewing the Parties' submission, the Court noted that the Executive Office for Immigration Review's website shows that Petitioners' appeals of their Removal Orders were withdrawn on October 30, 2026. The detention of noncitizens subject to a final order of removal is governed by 8 U.S.C. § 1231, though Zadvydas v. Davis, 533 U.S. 678, 682 (2001) provides limitations on the duration of such detentions. Respondents do not address the effect of Petitioners' withdrawal of their appeals on the underlying removal orders and the subsequent effect, if any, a change in the status of their removal proceedings would have upon the Petitions. See ECF No. 12. The Court therefore ORDERS Respondents to supplement their Motion to Dismiss by November 17, 2026 with documentation beyond that available on the EIOR website to establish the status of Petitioners' removal proceedings and any effect a change in that status has upon their Petitions. Petitioners may reply to Respondents' supplemental brief on or before December 1, 2026. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (pa) (Entered: 11/03/2026)
#15
Nov 03, 2026
Mail Returned as Undeliverable re 4 Notice of Service re 2241 Immigration Cases (Text Only),, 7 Order to Show Cause,,,, 5 Filing Fee Received, 2 MOTION for Order, 6 Order on Motion for Order,,,,,, Add and Terminate Judges. Mail sent to Juan Luis Perez Carvajal (Attachments: # 1 Return Mail doc 2, # 2 Return Mail doc 4, # 3 Return Mail doc 5, # 4 Return Mail doc 6, # 5 Return Mail doc 7) (jn) (Entered: 11/03/2026)
Main Document: Mail Returned
Nov 03, 2026
Order