District of New Mexico • 2:26-cv-00016

#1

Jan 05, 2026

PETITION Under 28 U.S.C. 2254 for a Writ of Habeas Corpus, filed by Benjoko Olakitan Adetayo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (amm) (Entered: 01/07/2026)

#2

Jan 05, 2026

MOTION for Expedited Disposition of Petition for A Writ of Habeas Corpus. by Benjoko Olakitan Adetayo. (amm) (Entered: 01/07/2026)

Jan 06, 2026

District Judge Margaret I. Strickland and Magistrate Judge Jennifer M. Rozzoni assigned. (amm)

#5

Jan 07, 2026

Filing fee: $ 5.00, receipt number 2000630 (knb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/22/2026)

#3

Jan 08, 2026

ORDER GRANTING IN PART 2 Motion for Expedited Disposition and ORDER TO ANSWER by District Judge Margaret I. Strickland. The Clerk's Office shall email a copy of the Petition (ECF No. 1 ) and this Order to the United States Attorney's Office at the following email addresses: roberto.ortega@usdoj.gov (Roberto Ortega, USAO Civil Chief) and allison.shokes@usdoj.gov (Allison Shokes, AUSA). (gri) (Entered: 01/08/2026)

#4

Jan 15, 2026

Mail Returned as Undeliverable re 3 Order on Motion for Order, Add and Terminate Judges. Mail sent to Benjoko Olakitan Adetayo. Unable to identify. (jn) (Entered: 01/15/2026)

Jan 22, 2026

Filing Fee Received

#6

Jan 29, 2026

NOTICE of Appearance by Allison Shokes on behalf of Pam Bondi, Todd M. Lyons, Kristi Noem, Jesus Ramos (Shokes, Allison) (Entered: 01/29/2026)

#7

Jan 29, 2026

RESPONSE re 1 Petition for 2254 Relief filed by Pam Bondi, Todd M. Lyons, Kristi Noem, Jesus Ramos. (Attachments: # 1 Exhibit EX A - Declaration, # 2 Exhibit EX B - I-213, # 3 Exhibit EX C - NTA, # 4 Exhibit EX D - IJ Order) (Shokes, Allison) (Entered: 01/29/2026)

#8

Jan 29, 2026

Mail Returned as Undeliverable re 5 Filing Fee Received. Mail sent to Benjoko Olakitan Adetayo (jn) (Entered: 01/30/2026)

#9

Jan 30, 2026

AMENDED PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Olakitan Adetayo Banjoko. (jjs) (Entered: 02/02/2026)

#10

Jan 30, 2026

AMENDED MEMORANDUM in Support re 9 Petition for 2241 Relief by Olakitan Adetayo Banjoko. (jjs) (Entered: 02/02/2026)

#12

Feb 03, 2026

ORDER REFERRING CASE to Magistrate Judge by District Judge Margaret I. Strickland. (drh) (Entered: 02/03/2026)

#13

Feb 04, 2026

AMENDED ORDER REFERRING CASE to Magistrate Judge by District Judge Margaret I. Strickland. 12 contains an incorrect case number in the case caption. (drh) (Entered: 02/04/2026)

#14

Feb 09, 2026

STATEMENT OF FACT, In Response to the Submission of the Respondents by Olakitan Adetayo Banjoko (jn) (Entered: 02/09/2026)

#15

Feb 12, 2026

ORDER TO SUPPLEMENT BRIEFING by Magistrate Judge Jennifer M. Rozzoni. Supplemental briefing due 2/20/26. (kms) (Entered: 02/12/2026)

#16

Feb 19, 2026

MOTION for Extension of Time to File Response/Reply as to 15 Order to Supplement Briefing by Pam Bondi, Todd M. Lyons, Kristi Noem. (Shokes, Allison) (Entered: 02/19/2026)

#17

Feb 20, 2026

ORDER granting 16 Motion for Extension of Time to File Response/Reply by Magistrate Judge Jennifer M. Rozzoni. Supplemental briefing due 2/27/2026. (kms) (Entered: 02/20/2026)

#18

Feb 27, 2026

STATUS REPORT by Pam Bondi, Todd M. Lyons, Kristi Noem (Attachments: # 1 Exhibit A) (Shokes, Allison) (Entered: 02/27/2026)

#19

Mar 09, 2026

RESPONSE re 18 Status Report filed by Olakitan Adetayo Banjoko. (jn) (Entered: 03/09/2026)

#20

Mar 16, 2026

Additional Statement to Respondents Status Report by Olakitan Adetayo Banjoko (vh) (Entered: 03/16/2026)

#21

Mar 17, 2026

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Jennifer M. Rozzoni re 1 Petition for 2254 Relief filed by Banjoko Olakitan Adetayo. Objections to PFRD due by 3/31/2026. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (kms) (Entered: 03/17/2026)

#22

Apr 06, 2026

ORDER ADOPTING 21 Proposed Findings and Recommended Disposition by District Judge Margaret I. Strickland. (drh) (Entered: 04/06/2026)

#23

Apr 06, 2026

FINAL JUDGMENT by District Judge Margaret I. Strickland. (drh) (Entered: 04/06/2026)

#24

Apr 13, 2026

NOTICE by Olakitan Adetayo Banjoko (jjs) (Entered: 04/13/2026)

#25

Apr 14, 2026

NOTICE by Olakitan Adetayo Banjoko (jjs) (Entered: 04/14/2026)

#26

Apr 20, 2026

Letter by Olakitan Adetayo Banjoko (jn) (Entered: 04/20/2026)

#27

Apr 20, 2026

Letter by Olakitan Adetayo Banjoko (jn) (Entered: 04/20/2026)

#28

Apr 20, 2026

Letter by Olakitan Adetayo Banjoko (jn) (Entered: 04/20/2026)

#29

Apr 21, 2026

ORDER by District Judge Margaret I. Strickland DENYING relief sought in Petitioner's Notices, ECF Nos. 24, 25, and Letters, ECF Nos. 26, 27, 28 . The Court has reviewed Petitioner's Notices and Letters and reminds Petitioner that the Court lacks jurisdiction to review the Immigration Judge's decision on Petitioner's asylum claim. Congress enacted 8 U.S.C. Section 1252, known as the "zipper clause," to limit District Courts' jurisdiction over claims challenging removal orders. See Jennings v. Rodriguez, 583 U.S. 281, 316-17 (2018). Under the zipper clause, District Courts generally lack jurisdiction over "all questions of law and fact" that arise from a removal order, and "[n]either habeas corpus" nor "any other provision of law" can be used to avoid Section 1252(b)(9)'s jurisdictional bar. Id. at 317. Furthermore, the Court is barred by 8 U.S.C. Section 1226(e) from reviewing discretionary bond decisions. Grant-Davis, v. De Anda-Ybarra, No. 2:26-CV-00054-MIS-LF, 2026 WL 823095, at *3 (D.N.M. Mar. 23, 2026). To the extent Petitioner seeks a review of an order of removal, a discretionary bond decision, or review of the circumstances of his voluntary departure, he must raise those issues with the Board of Immigration Appeals and, if unsuccessful, the Tenth Circuit. See Proposed Findings and Recommendations at 6-8, ECF No. 21 ; Order Adopting at 2-3, ECF No. 22 . [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (drh) (Entered: 04/21/2026)

Apr 21, 2026

Order

#30

Apr 22, 2026

Letter by Olakitan Adetayo Banjoko (vh) (Entered: 04/22/2026)

#31

Apr 30, 2026

Mail Returned as Undeliverable re 30 Letter. Mail sent to Olakitan Adetayo Banjoko. Detainee has departed. (vh) (Entered: 04/30/2026)

#32

May 04, 2026

MOTION To Address The Violation Against Petitioner by Olakitan Adetayo Banjoko. (jjs) (Entered: 05/04/2026)

#33

May 13, 2026

Mail Returned as Undeliverable re 27 Letter, 26 Letter, 28 Letter. Mail sent to Olakitan Adetayo Banjoko (Departed) (jn) (Entered: 05/13/2026)

#34

May 18, 2026

MOTION to Stop Petitioner Imminent Removal Pursuant to 8cfr:241(g)(4) by Olakitan Adetayo Banjoko. (vh) (Entered: 05/18/2026)

#35

Jul 09, 2026

ORDER by District Judge Margaret I. Strickland DENYING relief sought in Petitioner's Motions, ECF Nos. 32, 34, and Letter, ECF Nos. 30 . The Court has reviewed Petitioner's Motions and Letter and reminds Petitioner that the Court lacks jurisdiction to review the Immigration Judge's decision on Petitioner's asylum claim. Congress enacted 8 U.S.C. Section 1252, known as the "zipper clause," to limit District Courts' jurisdiction over claims challenging removal orders. See Jennings v. Rodriguez, 583 U.S. 281, 316-17 (2018). Under the zipper clause, District Courts generally lack jurisdiction over "all questions of law and fact" that arise from a removal order, and "[n]either habeas corpus" nor "any other provision of law" can be used to avoid Section 1252(b)(9)'s jurisdictional bar. Id. at 317. Furthermore, the Court is barred by 8 U.S.C. Section 1226(e) from reviewing discretionary bond decisions. Grant-Davis, v. De Anda-Ybarra, No. 2:26-CV-00054-MIS-LF, 2026 WL 823095, at *3 (D.N.M. Mar. 23, 2026). To the extent Petitioner seeks a review of an order of removal, a discretionary bond decision, or review of the circumstances of his voluntary departure, he must raise those issues with the Board of Immigration Appeals and, if unsuccessful, the appropriate Circuit Court. See Proposed Findings and Recommendations at 6-8, ECF No. 21; Order Adopting at 2-3, ECF No. 22. Furthermore, based on a search of the ICE Online Detainee Locator System, Petitioner appears to be in custody outside the District of New Mexico. Petitioner may bring another Petition for Writ of Habeas Corpus in the appropriate federal district if his circumstances have materially changed and now warrant release. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (drh) (Entered: 07/09/2026)

Jul 09, 2026

Order

#36

Sep 04, 2026

Email from Olakitan Adetayo Banjoko to the Court, Sep. 3, 2026. (gri) Modified on 9/8/2026 to correct name (jac). (Entered: 09/04/2026)

#37

Sep 04, 2026

STATUS REPORT ORDER by District Judge Margaret I. Strickland.THIS MATTER is before the Court on an email from Petitioner Olakitan Adetayo Banjoko to the Court on September 3, 2026 ("Email"). ECF No. 36 . Therein, Petitioner asks for guidance as to how to challenge the adequacy of a bond hearing the Court ordered Respondents to provide him on April 6, 2026. ECF No. 22 . The Court deems the email sufficient to raise the constitutional adequacy of the bond hearing. The Court also has concerns regarding Petitioner's continued detention. Petitioner has been detained since August 19, 2025--more than one year. See Ortez Decl. para. 9, ECF No. 7-1. A review of the Executive Office of Immigration Review's website reveals that Petitioner is not subject to a removal order. And although Petitioner allegedly agreed to voluntarily depart, he disputes the validity of the voluntary departure. See Email at 1. In any event, Petitioner is still in immigration detention, now in Louisiana, and it unclear how long the Government intends on keeping him detained. IT IS HEREBY ORDERED that Respondents shall have until and including September 11, 2026 to respond to Petitioner's email and the Court's concerns. The response shall address the following (at a minimum): (1) whether the bond hearing Petitioner received as a result of the Court's Order of April 6, 2026 was constitutionally adequate and otherwise complied with the Court's Order, ECF No. 22 ; (2) the status of Petitioner's immigration proceedings, if any; (3) the status of Petitioner's removal proceedings, if any; and (4) whether the reasoning in Mardanpour v. Warden, Case No. 2:26-cv-00550-MIS-LF, 2026 WL 963164, at *3-8 (D.N.M. Apr. 9, 2026), requires Petitioner's conditional release pending Petitioner's removal/departure. The Government must also attach to its Response the Immigration Judge's Order denying Petitioner bond.Finally, the Clerk's Office shall mail a copy of this Order to Petitioner at his new detention facility:Winn Correctional Center560 GUM SPRING ROADWINNFIELD, LA 71483[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 09/04/2026)

Sep 04, 2026

Order

#38

Sep 11, 2026

STATUS REPORT by Pam Bondi, Todd M. Lyons, Kristi Noem (Attachments: # 1 Exhibit A - Bond Hearing Order) (Shokes, Allison) (Entered: 09/11/2026)

#39

Sep 11, 2026

NOTICE by Pam Bondi, Todd M. Lyons, Kristi Noem of Lodging of Audio Exhibit (Shokes, Allison) (Entered: 09/11/2026)

#40

Sep 11, 2026

ORDER TO SUPPLEMENT by District Judge Margaret I. Strickland. THIS MATTER is before the Court on Respondents' Status Report, ECF No. 38, filed September 11, 2026, which states: "Upon information and belief, Petitioner Benjoko Olakitan Adetayo was removed from the United States to Nigeria on Tuesday, September 8, 2025, pursuant to a final order of removal." The Court assumes Respondents intended to say "September 8, 2026." Respondents shall have until and including September 18, 2026 to provide the Court with evidence--via affidavit or otherwise--confirming whether Petitioner was removed from the United States.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 09/11/2026)

#41

Sep 11, 2026

Mail Returned as Undeliverable re 37 Order,,,,,,,,,. Mail sent to Olakitan Adetayo Banjoko (jn) (Entered: 09/11/2026)

Sep 11, 2026

Order

#42

Sep 17, 2026

STATUS REPORT by Pam Bondi, Todd M. Lyons, Kristi Noem (Attachments: # 1 Exhibit A - Declaration) (Shokes, Allison) (Entered: 09/17/2026)

#43

Sep 17, 2026

ORDER by District Judge Margaret I. Strickland DENYING AS MOOT all remaining claims. THIS MATTER is before the Court on Respondents' Status Report, ECF No. 42, filed September 17, 2026, indicating that Petitioner Banjoko Olakitan Adetayo was removed to Nigeria on September 8, 2026. See Rodriguez Decl. para. 4, ECF No. 42-1. Because Petitioner is no longer in immigration detention, the Court finds that any remaining claims regarding the constitutionality of his detention are moot.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 09/17/2026)

Sep 17, 2026

Order

#44

Sep 21, 2026

Mail Returned as Undeliverable re 37 Order 36 Letter, 40 Order. Mail sent to Olakitan Adetayo Banjoko (Attachments: # 1 Returned Mail, # 2 Returned Mail) (vh) (Entered: 09/21/2026)