District of New Mexico • 2:26-cv-01119
Garay-Mercado v. Warden, Otero Country Processing Center
Active
Case Information
Filed: April 10, 2026
Assigned to:
Margaret I. Strickland
Referred to:
Kirtan K. Khalsa
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 10, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Donald Francisco Garay-Mercado. (amm) (Entered: 04/10/2026)
Main Document:
Petition for 2241 Relief
#2
Apr 10, 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: 04/10/2026)
Apr 10, 2026
District Judge Margaret I. Strickland and Magistrate Judge Kirtan Khalsa assigned. (amm)
#3
Apr 13, 2026
ORDER TO ANSWER/SHOW CAUSE AND ENJOINING TRANSFER by District Judge Margaret I. Strickland: The USAO shall ANSWER the Petition and any pending motions for release within 10 business days and show cause why relief should not be granted, 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, if so, whether the facts are distinguishable from prior rulings. See Lopez-Romero v. Lyons, 2:25-cv-01113-MIS-JHR, 2026 WL 92873 (D.N.M. Jan. 13, 2026); Duhan v. Noem, Case No. 2:26-cv-00019-MIS-JFR, 2026 WL 266619 (D.N.M. Feb. 2, 2026). 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; the El Paso Field Office Director for Immigration and Customs Enforcement; the U.S. Attorney General; Todd Lyons; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 04/13/2026)
Apr 13, 2026
Order to Show Cause
Apr 24, 2026
Filing Fee Received
#6
Apr 27, 2026
Response (when not to a motion)
Main Document:
Response (when not to a motion)
#8
Apr 29, 2026
Judgment
Main Document:
Judgment
#10
May 05, 2026
Order
Main Document:
Order
#11
May 12, 2026
Response in Opposition to Motion
Main Document:
Response in Opposition to Motion
#12
May 15, 2026
Order on Motion for Order
Main Document:
Order on Motion for Order
Parties
Garay-Mercado
Party
Warden, Otero Country Processing Center
Party