District of New Mexico • 1:26-cv-00147

#2

Jan 26, 2026

Petition for 2241 Relief

Jan 26, 2026

United States District Judge Margaret I. Strickland and United States Magistrate Judge Jerry H. Ritter assigned. (eh)

#3

Jan 27, 2026

Order to Show Cause

#4

Jan 29, 2026

ORDER by District Judge Margaret I. Strickland directing the Clerk's Office to amend Docket Sheet and remove Executive Office of Immigration Review, Department of Homeland Security, and Immigration and Customs Enforcement as Respondents in the instant case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](ctc) (Entered: 01/29/2026)

#5

Jan 29, 2026

Affidavit of Service

Jan 29, 2026

Order

#6

Jan 30, 2026

Filing fee: $ 5.00, receipt number 1009383 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/30/2026)

Jan 30, 2026

Filing Fee Received

#7

Feb 03, 2026

ORDER by District Judge Margaret I. Strickland VACATING 3 Order Directing Service and Order to Show Cause, and DIRECTING the Clerk's Office to Serve Respondents pursuant to this District's Standing Order Regarding Service of Process in Immigration Habeas Petitions filed Pursuant to 28 U.S.C. § 2241. Case 1:26-mc-00004, ECF No. 3 (D.N.M. Jan. 28, 2026).THIS MATTER is before the Court on a sua sponte review of the record. On January 26, 2026, Petitioner Edison Leodan Luna Leon, through counsel, filed a Verified Petition for Writ of Habeas Corpus. ECF No. 2 . On January 27, 2026, the Court issued an Order Directing Service and Order to Show Cause which, inter alia, instructed Petitioner to "serve the Petition for Writ of Habeas Corpus and this Order on each of the individual Respondents pursuant to the Federal Rules of Civil Procedure." ECF No. 3 at 1. On January 29, 2026, Petitioner filed an Affidavit of Service stating that Respondents were served on January 28, 2026 "by USPS PRIORITY EXPRESS MAIL...." ECF No. 5 at 1.Pursuant to Rule 4 of the Federal Rules of Civil Procedure, to serve an officer of the United States "a party must[,]" inter alia, either hand-deliver a copy of the summons and the complaint to the relevant U.S. Attorney's Office, Fed. R. Civ. P. 4(i)(1)(A)(i), or "send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office[,]" Fed. R. Civ. P. 4(i)(1)(A)(ii). The party must also "send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C." Fed. R. Civ. P. 4(i)(1)(B). Here, Petitioner attempted to serve Respondents by USPS Priority Mail, which is neither "registered mail" nor "certified mail." Service was therefore deficient under Rule 4.Regardless, it is HEREBY ORDERED that the Court's Order Directing Service and Order to Show Cause, ECF No. 3, is VACATED. It is FURTHER ORDERED that the Clerk's Office shall serve Respondents pursuant to this District's Standing Order Regarding Service of Process in Immigration Habeas Petitions filed Pursuant to 28 U.S.C. § 2241. Case 1:26-mc-00004, ECF No. 3 (D.N.M. Jan. 28, 2026). After the Clerk serves Respondents the Court will issue an amended order to show cause. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 02/03/2026)

Feb 03, 2026

Order

#9

Feb 04, 2026

Order to Show Cause