District of New Mexico • 2:26-cv-03434

Diaz-Martinez v. Mullin

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Case Information

Filed: October 13, 2026
Assigned to: David H. Urias
Referred to: John Robbenhaar
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
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Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#2
Oct 13, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Edward Diaz-Martinez. (amm) (Entered: 10/15/2026)
Main Document: Petition for 2241 Relief
#3
Oct 13, 2026
EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Edward Diaz-Martinez. (amm) (Entered: 10/15/2026)
Main Document: Temporary Restraining Order
#4
Oct 16, 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. (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/16/2026)
Oct 16, 2026
United States District Judge David H. Urias and United States Magistrate Judge John F. Robbenhaar assigned. (dr)
#5
Oct 23, 2026
ORDER TO SHOW CAUSE AND GRANTING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER by District Judge David Herrera 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 three (3) business days of this Order. Petitioner's reply, if any, is due three (3) 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, Otero County Processing Center; 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 3 Motion for Temporary Restraining Order is DENIED IN PART, to the extent he seeks a release from custody before the answer is filed and GRANTED IN PART to the extent he seeks to preserve jurisdiction. 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)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/23/2026)
#10
Oct 23, 2026
Mail Returned as Undeliverable "RTS A# does not match name" re 4 Notice of Service re 2241 Immigration Cases (Text Only). Mail sent to Edward Diaz-Martinez. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (vlv) Modified text only on 10/29/2026 (jv). (Entered: 10/28/2026)
#11
Oct 23, 2026
Mail Returned as Undeliverable "RTS A# does not match name" re 3 MOTION for Temporary Restraining Order. Mail sent to Edward Diaz-Martinez. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (vlv) Modified text only on 10/29/2026 (jv). (Entered: 10/28/2026)
#12
Oct 23, 2026
Mail Returned as Undeliverable "RTS A# does not match name". Judge Assignment Mail sent to Edward Diaz-Martinez. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (vlv) Modified text only on 10/29/2026 (jv). (Entered: 10/28/2026)
Oct 23, 2026
Order on Motion for TRO
#6
Oct 26, 2026
NOTICE of Appearance by Christina Muscarella Gooch on behalf of Otero County Prison Facility - Warden (Gooch, Christina) (Entered: 10/26/2026)
Main Document: NOTICE
#7
Oct 26, 2026
NOTICE by Otero County Prison Facility - Warden re 5 Order on Motion for TRO, Notice of Compliance With Order [Doc. 5] and Joinder in USA Respondents' Claims and Defenses (Gooch, Christina) Modified text on 10/26/2026 (jv). (Entered: 10/26/2026)
Main Document: NOTICE
#8
Oct 28, 2026
RESPONSE re 2 Petition for 2241 Relief filed by Todd Blanche, Mary De Anda-Ybarra, Facility Warden, Marwayne Mullin, David Venturella. (Attachments: # 1 Exhibit 1. Order of Immigration Judge re Custody Redetermination) (Vasquez, Timothy) (Entered: 10/28/2026)
Main Document: Response (when not to a motion)
#9
Oct 28, 2026
NOTICE of Appearance by Timothy S. Vasquez on behalf of Todd Blanche, Mary De Anda-Ybarra, Marwayne Mullin, David Venturella (Vasquez, Timothy) (Entered: 10/28/2026)
Main Document: NOTICE
Oct 28, 2026
Mail Returned
#13
Nov 02, 2026
Mail Returned
Main Document: Mail Returned
Nov 04, 2026
Mail Returned

Parties