District of New Mexico • 1:26-cv-03495

#1

Sep 16, 2026

STRICKEN EMERGENCY APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19999531, filed by JOSE LUIS MORALES LOPEZ. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Vargas Valencia, Melany) Modified text on 9/17/2026 (vvb). Modified on 9/18/2026 (cqs). Per De 3 . [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/16/2026)

#2

Sep 16, 2026

Judge Assignment to Judge Rodolfo A. Ruiz, II (vvb) [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/17/2026)

#3

Sep 17, 2026

PAPERLESS ORDER striking 1 Petition for Writ of Habeas Corpus ("Petition"). On September 16, 2026, Petitioner filed his Petition, [ECF No. 1], challenging his detention pursuant to 28 U.S.C. § 2241. However, federal law requires that a habeas petition be "signed and verified by the person for whose relief it is intended or by someone acting in his behalf." 28 U.S.C. § 2242 (emphasis added). As such, Local Rule 88.2 provides that habeas petitions filed under 28 U.S.C. § 2241 must "be signed under penalty of perjury by [the] petitioner" or "by a person authorized to sign it" on the petitioner's behalf. S.D. Fla. L.R. 88.2(a).Here, the Petition is deficient because it was not signed under penalty of perjury, as required by statute and Local Rule 88.2. To properly verify his application, federal law requires Petitioner or someone acting on his behalf to write, "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct" followed by his signature. 28 U.S.C. § 1746. Because the Petition is not properly verified, it is facially deficient. See McFarland v. Scott, 512 U.S. 849, 856 (1994) (recognizing courts are authorized to dismiss a habeas petition that appears legally insufficient on its face).Furthermore, pursuant to Local Rule 7.1(d)(1), a party requesting emergency action must certify that the filing "in fact presents a true emergency" and "requires an immediate ruling because the Court would not be able to provide meaningful relief … after the expiration of seven days." S.D. Fla. L.R. 7.1(d)(1). Petitioner, however, does not certify in the Petition that the matter is a true emergency and has therefore failed to comply with Local Rule 7.1(d). And, as an aside, it does not appear from the face of the Petition that it presents a true emergency; indeed, the requested relief has unfortunately become commonplace in this District. It involves the application of 8 U.S.C. § 1225 and § 1226 in analyzing Petitioner's current detention, a subject that this Court has addressed in multiple cases over the past six months without invoking an emergency posture.Accordingly, the Petition, [ECF No. 1], is hereby STRICKEN. Petitioner shall, on or before September 24, 2026, file an amended petition that comports with federal law and the Local Rules. Petitioner's failure to timely file an amended petition or otherwise comply with this Order will result in dismissal of this case without prejudice. This case shall be administratively CLOSED pending the refiling of an amended petition. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2026. (twk) [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/17/2026)

#4

Sep 18, 2026

NOTICE of Attorney Appearance by Yaniece McPherson on behalf of Acting Director, Executive Office for Immigration Review, Acting Director, U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE), Assistant Field Office Director (AFOD) Krome North Service Processing Center, Secretary, U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office, Warden Krome North Service Processing Center. Attorney Yaniece McPherson added to party Acting Director, Executive Office for Immigration Review(pty:res), Attorney Yaniece McPherson added to party Acting Director, U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Yaniece McPherson added to party Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Yaniece McPherson added to party Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Yaniece McPherson added to party Assistant Field Office Director (AFOD) Krome North Service Processing Center(pty:res), Attorney Yaniece McPherson added to party Secretary, U.S. Department of Homeland Security (DHS)(pty:res), Attorney Yaniece McPherson added to party U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office(pty:res), Attorney Yaniece McPherson added to party Warden Krome North Service Processing Center(pty:res). (McPherson, Yaniece) [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/18/2026)

Sep 18, 2026

Set Deadlines Per DE 3 . Amended Complaint due by 9/24/2026. (cqs) [Transferred from Florida Southern on 10/19/2026.]

#5

Sep 22, 2026

AMENDED COMPLAINT for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 against Acting Director, Executive Office for Immigration Review, Acting Director, U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE), Assistant Field Office Director (AFOD) Krome North Service Processing Center, Secretary, U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office, Warden Krome North Service Processing Center, filed by Jose Luis Morales Lopez. (Attachments: # 1 Exhibit)(Vargas Valencia, Melany) [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/22/2026)

#6

Sep 23, 2026

ORDER TO SHOW CAUSE AND OMNIBUS ORDER. Signed by Judge Rodolfo A. Ruiz, II on 9/23/2026. See attached document for full details. (twk) [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/23/2026)

#7

Sep 30, 2026

ORDER TO SHOW CAUSE. Signed by Judge Rodolfo A. Ruiz, II on 9/30/2026. See attached document for full details. (bfn) [Transferred from Florida Southern on 10/19/2026.] (Entered: 09/30/2026)

Oct 01, 2026

Set Deadlines Per DE 7 . Show Cause Response due by 10/14/2026. (cqs) [Transferred from Florida Southern on 10/19/2026.]

#8

Oct 14, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 7 Administrative Order by Acting Director, Executive Office for Immigration Review, Acting Director, U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE), Assistant Field Office Director (AFOD) Krome North Service Processing Center, Secretary, U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office, Warden Krome North Service Processing Center. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(McPherson, Yaniece) [Transferred from Florida Southern on 10/19/2026.] (Entered: 10/14/2026)

#9

Oct 14, 2026

REPLY, RESPONSE TO ORDER TO SHOW CAUSE by Jose Luis Morales Lopez. (Vargas Valencia, Melany) [Transferred from Florida Southern on 10/19/2026.] (Entered: 10/14/2026)

#10

Oct 16, 2026

ORDER TRANSFERRING CASE. Signed by Judge Rodolfo A. Ruiz, II on 10/16/2026. See attached document for full details. (bfn) [Transferred from Florida Southern on 10/19/2026.] (Entered: 10/16/2026)

#11

Oct 19, 2026

Case transferred in from District of Florida Southern; Case Number 1:26-cv-26419. Original file certified copy of transfer order and docket sheet received. (Entered: 10/19/2026)

#12

Oct 19, 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. (jg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/19/2026)

#13

Oct 19, 2026

ORDER TO SHOW CAUSE 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 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

#16

Nov 02, 2026

Response (when not to a motion)