District of New Mexico • 2:26-cv-03636

Garcia Gaona v. LNU

Active

Case Information

Filed: October 28, 2026
Assigned to: Kea W Riggs
Referred to: Steven C. Yarbrough
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: October 28, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 26, 2026
Petition for Writ of Habeas Corpus against Todd Blanche, Patrick Divver, Todd M. Lyons, Markwayne Mullin, Warden, Otero County Processing Center, Mary de Anda-Ybarra ( Filing fee $ 5 receipt number ACASDC-21797689.), filed by Yareth de Jesus Garcia Gaona. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:26-cv-6081-JO-BJW. Judge Jinsook Ohta and Magistrate Judge Brian J. White are assigned to the case. (Hilts, Murray)(dde) (anh). [Transferred from California Southern on 10/28/2026.] (Entered: 10/26/2026)
Main Document: Petition
#2
Oct 26, 2026
MOTION for Temporary Restraining Order by Yareth de Jesus Garcia Gaona. (Attachments: # 1 Declaration)(Hilts, Murray)(gsw) [Transferred from California Southern on 10/28/2026.] (Entered: 10/26/2026)
Main Document: MOTION
#3
Oct 26, 2026
NOTICE of Petitioner Detained Out of District by Warden, Otero County Processing Center (Dimbleby, Erin)(gsw) [Transferred from California Southern on 10/28/2026.] (Entered: 10/26/2026)
Main Document: NOTICE
#4
Oct 26, 2026
Minute Order by Judge Jinsook Ohta: Petitioner filed a petition for writ of habeas corpus on October 26, 2026. See Dkt. 1. Petitioner is currently detained at the Otero County Processing Center in Chaparral, New Mexico. Id. Petitioner challenges the legality of his detention and alleges that the government, in transferring Petitioner to New Mexico before his scheduled bond hearing, violated his due process rights and his right to counsel. Id. "The plain language of the habeas statute [ ] confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). Because Petitioner was confined in the District of New Mexico when he filed the petition, this Court lacks jurisdiction over his habeas claim. Accordingly, in the interest of justice, the Court TRANSFERS Petitioner's petition for habeas relief to the United States District Court for the District of New Mexico pursuant to 28 U.S.C. § 1631. The Clerk of the Court is directed to transfer this Petition to the U.S. District Court for the District of New Mexico and close this case. Signed by Judge Jinsook Ohta on 10/26/2026. (txa) [Transferred from California Southern on 10/28/2026.] (Entered: 10/26/2026)
#5
Oct 26, 2026
Case transferred to District of New Mexico. Files transferred electronically to: *District of New Mexico*.*333 Lomas Boulevard, N.W., Suite 270**Albuquerque, NM 87102*. Signed by Judge Jinsook Ohta on 10/26/2026. (gsw) [Transferred from California Southern on 10/28/2026.] (Entered: 10/26/2026)
Main Document: Case
#6
Oct 28, 2026
Case transferred in from District of California Southern; Case Number 3:26-cv-06081. Original file certified copy of transfer order and docket sheet received. (Entered: 10/28/2026)
Main Document: Case Transferred In - District Transfer
#7
Oct 28, 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: 10/28/2026)
Oct 28, 2026
United States District Judge Kea W. Riggs and United States Magistrate Judge Steven C. Yarbrough assigned. (dr)

Parties

Garcia Gaona
Party
LNU
Party