District of New Mexico • 2:25-cv-01099

#1

Nov 05, 2025

COMPLAINT Petition for Writ of Habeas Corpus against All Defendants ( Filing Fee - Online Payment), filed by Deivi Orlando Perez Hernandez. (Attachments: # 1 Exhibit ICE Form I-213, # 2 Exhibit DHS Notice to Appear, # 3 Exhibit Pet. Motion for Bond in Immigration Court, # 4 Exhibit Immigration Court Bond Order, # 5 Exhibit Immigration Court Notice fo Hearing, # 6 Exhibit ICE Locator Results, # 7 Supplement Brief in Support of Petition for Writ of Habeas Corpus, # 8 Supplement Proposed Order, # 9 Civil Cover Sheet JS-44, # 10 Supplement Notice of Appearance, # 11 Supplement Certificate of Service)(Camilo, Jason) (Entered: 11/05/2025)

#2

Nov 05, 2025

MOTION for Order to Show Cause by Deivi Orlando Perez Hernandez. (Attachments: # 1 Supplement Brief in Support of Order to Show Cause) (Camilo, Jason) (Entered: 11/05/2025)

Nov 06, 2025

United States District Judge James O. Browning and United States Magistrate Judge Laura Fashing assigned. (dr)

#3

Nov 10, 2025

Order Referring Case to Magistrate Judge

#4

Nov 12, 2025

ORDER for Service and to Show Cause by Magistrate Judge Laura Fashing. Petitioner is ordered to effectuate service of the Petition and this Order on Respondents by 11/26/2025. Respondents are ordered to respond to the Petition and show cause why it s hould not be granted within three days of receipt of service, though for good cause they may move for additional time not to exceed twenty days. Petitioner's reply, if any, is due three days after the response is filed, absent a written motion showing good cause for an extension of time. (jeb)

Nov 17, 2025

Filing Fee Received

Nov 17, 2025

Summons Issued

Nov 18, 2025

Filing Fee Received

#7

Nov 22, 2025

Summons Returned Executed

#8

Nov 22, 2025

Summons Returned Executed

#9

Nov 22, 2025

Summons Returned Executed

#10

Nov 22, 2025

Summons Returned Executed

#11

Nov 24, 2025

Summons Returned Executed as to USA

#12

Nov 25, 2025

ORDER Setting Hearing Date by Magistrate Judge Laura Fashing. Respondents are ordered to respond to the petition no later than Monday, 12/1/2025. Petitioner's optional reply is due by Thursday, 12/4/2025. In-person hearing set for 12/5/2025 at 0 9:30 AM in Albuquerque - 480 Chama Courtroom before Magistrate Judge Laura Fashing. Motions to appear by Zoom must be filed by Tuesday, 12/2/2025.The Clerk of Court is directed to provide a courtesy copy of this Order to the Civil Division Chief of the United States Attorney's Office for the District of New Mexico. (jeb)

#13

Dec 01, 2025

NOTICE of Appearance by Ryan Posey on behalf of Pamela Bondi, Todd Lyons, Kristi Noem (Posey, Ryan) (Entered: 12/01/2025)

#14

Dec 01, 2025

Extension of Time to File Answer

#15

Dec 01, 2025

ORDER by Magistrate Judge Laura Fashing DENYING 14 Motion for Extension of Time to File Answer. The Motion is denied without prejudice for failure to comply with Local Rule 7.1: "Movant must determine whether a motion is opposed, and a motion that omits recitation of a good-faith request for concurrence may be summarily denied."[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jeb) (Entered: 12/01/2025)

#16

Dec 01, 2025

DUPLICATE ORDER by Magistrate Judge Laura Fashing DENYING 14 Motion for Extension of Time to File Answer. The Motion is denied without prejudice for failure to comply with Local Rule 7.1: "Movant must determine whether a motion is opposed, and a motion that omits recitation of a good-faith request for concurrence may be summarily denied."[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jeb) (Entered: 12/01/2025)

Dec 01, 2025

Order

Dec 01, 2025

Order on Motion for Extension of Time to Answer

#18

Dec 02, 2025

Appear

#19

Dec 03, 2025

Order on Motion for Leave to Appear

#20

Dec 03, 2025

Extension of Time to File Answer

Dec 03, 2025

Order on Motion for Extension of Time to Answer

#23

Dec 04, 2025

Reply (when not to a motion)

#24

Dec 05, 2025

Motion Hearing

#25

Dec 05, 2025

Order on Motion for Extension of Time to Answer

#27

Dec 05, 2025

Appendix/Supplement

#28

Dec 09, 2025

Extend (other)

#29

Dec 09, 2025

ORDER by Magistrate Judge Laura Fashing granting 28 Motion for Extension of Time to Provide Jurisdictional Evidence. Respondents shall have until Wednesday, December 10, 2025, at 9:00 a.m. MST to file on the docket evidence of Petitioner's loc ation at the time the petition was filed (November 5, 2025, at 10:21 PM MST), though Respondents are encouraged to docket that evidence as soon as practicable. If the parties review that evidence before the December 10, 2025, hearing and agre e that this matter should be transferred, they may file a stipulated motion to vacate the hearing and to transfer the matter pursuant to 28 U.S.C. § 1631. Otherwise, the Court will hear arguments as to both jurisdiction and the merits of the petition during the hearing. (jeb)

#30

Dec 10, 2025

Appendix/Supplement

#31

Dec 10, 2025

ORDER by Magistrate Judge Laura Fashing. Evidentiary Hearing set for 12/11/2025 at 01:00 PM MST in Albuquerque - 480 Chama Courtroom before Magistrate Judge Laura Fashing. Counsel for Petitioner may appear via video conference, and a notice with Zoom meeting information will be docketed as a separate docket entry, viewable only by the parties.Crystal Garcia, Acting Supervisory Detention and Deportation Officer with U.S. Immigration and Customs Enforcement in El Paso Texas, who provided t he declaration in Doc. 30-1, is ordered to appear in-person for the hearing. Ms. Garcia is ordered to produce at the hearing all records she relied upon in making that declaration. She also is ordered to provide the bus logs of the bus that transport ed Petitioner from the Otero County Processing Center in New Mexico to Camp East Montana in El Paso, Texas on or about November 5, 2025.No later than December 10, 2025, at 5:00 p.m. MST, Respondents shall file on the docket the records they relied on in representing to the Court that Petitioner was discharged from the Otero County Processing Center on November 5, 2025, at 3:18 p.m. before being recorded as in custody at the El Paso Camp on November 6, 2025, at 4:30 p.m. (jeb)

#34

Dec 10, 2025

1 - Terminate Hearings AND Writ Hearing

#35

Dec 11, 2025

Order

#36

Dec 12, 2025

1 - Terminate Hearings AND Evidentiary Hearing

#40

Dec 15, 2025

Transfer Case

#41

Dec 16, 2025

ORDER by Magistrate Judge Laura Fashing granting 40 ORDER on Motion to Transfer Case. The Clerk of the Court shall transfer this case to the United States District Court for the Western District of Texas pursuant to 18 U.S.C. § 1631. (jeb)

#42

Dec 16, 2025

AMENDED ORDER TRANSFERRING CASE by Magistrate Judge Laura Fashing. The Clerk of the Court shall transfer this case to the United States District Court for the Western District of Texas pursuant to 28 U.S.C. § 1631. (jeb)