District of New Mexico • 1:26-cv-01054

Montenegro-Olivas v. Lyons

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Case Information

Filed: April 07, 2026
Assigned to: Matthew L. Garcia
Referred to: John Robbenhaar
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: May 15, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 07, 2026
Second PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Ever Samuel Montenegro-Olivas. (Attachments: # 1 Civil Cover Sheet) (Villalpando, Brenda) (Entered: 04/07/2026)
Main Document: Petition for 2241 Relief
#2
Apr 08, 2026
Emergency MOTION for Temporary Restraining and Information Sheet by Ever Samuel Montenegro-Olivas. (Villalpando, Brenda) Modified on 4/8/2026 (bc). (Entered: 04/08/2026)
Main Document: Temporary Restraining Order
#3
Apr 08, 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. (bc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/08/2026)
#4
Apr 08, 2026
MOTION to Reassign Case by Ever Samuel Montenegro-Olivas. (Villalpando, Brenda) (Entered: 04/08/2026)
Main Document: Reassign Case
#7
Apr 08, 2026
Filing fee: $ 5.00, receipt number 1010241 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/20/2026)
Apr 08, 2026
Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (bc)
Apr 08, 2026
United States District Judge David H. Urias and United States Magistrate Judge John F. Robbenhaar assigned. (bc)
#5
Apr 10, 2026
ORDER by District Judge David H. Urias GRANTING 4 Motion to Reassign Case. Case reassigned to District Judge Matthew L. Garcia for all further proceedings. District Judge David H. Urias no longer assigned to the case. (cjv)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/10/2026)
Apr 10, 2026
Order on Motion to Reassign Case
#6
Apr 13, 2026
PLEASE TAKE NOTICE that this case has been reassigned to Judge Matthew L. Garcia as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Judge David H. Urias no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) (Entered: 04/13/2026)
Apr 20, 2026
Filing Fee Received
#8
Apr 21, 2026
ORDER TO SHOW CAUSE and ENJOINING TRANSFER by District Judge Matthew L. Garcia: The USAO shall ANSWER the Petition within ten business days and show cause why relief should not be granted. The USAO's answer must specify whether the Court has already ruled on the legal issue(s) in this case and, if so, whether the facts are distinguishable from prior rulings. An optional reply is due within ten business days after the answer is filed. The Court will determine whether a hearing is necessary once briefing is complete, and remote appearances are generally not permitted. Respondents are enjoined pursuant to the All Writs Act, 28 U.S.C. § 1651(a), from transferring Petitioner outside the District of New Mexico without prior approval from the Court while this proceeding is pending. The Court retains jurisdiction to enforce this Order until an administratively final order of removal is being effectuated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ais) (Entered: 04/21/2026)
Apr 21, 2026
Minute Order
#10
May 05, 2026
Dismiss
Main Document: Dismiss
#11
May 13, 2026
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#12
May 13, 2026
Strike
Main Document: Strike
#13
May 14, 2026
Withdraw Motion
Main Document: Withdraw Motion
#14
May 15, 2026
Amend/Correct
Main Document: Amend/Correct