District of New Mexico • 2:26-cv-01500

#1

May 11, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Yuri Luis Estevez. (amm) (Entered: 05/12/2026)

#2

May 12, 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. (jg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/12/2026)

#3

May 12, 2026

Filing fee: $ 5.00, receipt number 2000809 (knb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/13/2026)

May 12, 2026

United States District Judge Sarah M Davenport and United States Magistrate Judge John F. Robbenhaar assigned. (jg)

May 13, 2026

Filing Fee Received

#4

May 14, 2026

ORDER TO ANSWER AND ENJOINING TRANSFER by District Judge Sarah M. Davenport: The USAO shall ANSWER the Petition and any pending motions by May 29, 2026. An optional reply is due within 10 days. The Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending. The Clerk's Office shall confirm that the docket lists the following Respondents: the facility Warden; ICE El Paso Field Director; U.S. Attorney General; Todd Lyons; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jmr) (Entered: 05/14/2026)

May 14, 2026

Order to Answer

#5

May 22, 2026

Petition for 2241 Relief

#6

May 29, 2026

NOTICE of Appearance by Allison Shokes on behalf of ICE El Paso Field Director, Todd Lyons, Markwayne Mullin, U.S. Attorney General (Shokes, Allison) (Entered: 05/29/2026)

#7

May 29, 2026

Extension of Time to File Document

#8

Jun 01, 2026

Response (when not to a motion)

#9

Jun 23, 2026

Reply (when not to a motion)

#10

Jul 07, 2026

ORDER by District Judge Sarah M. Davenport. On May 11, 2026, Petitioner Yuri Luis Estevez filed for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 1 . He filed an amended petition approximately a week and a half later 5 . Respondents answered on June 1, 2026 8 and put forth the following: - Petitioner is a citizen of Cuba who is subject to a final order of removal dated October 4, 2016. - ICE detained Petitioner on January 12, 2026 to effectuate removal. - Cuba has refused to accept Petitioner and Respondents have authority to remove Petitioner to a third country under 8 U.S.C. § 1231(b)(2)(E). - Pursuant to that provision, Respondents attempted to remove Petitioner to Mexico on May 15, 2026, but Petitioner refused to go. Petitioner represents that he refused removal because he was never presented with any evidence of Mexio's willingness to accept him. Although Petitioner goes on to request assurances that he is not entitled to, such as documentation that he will receive adequate medical care, the Court finds the lack of an acceptance from Mexico to raise a substantive legal issue. Section 1231(b)(2)(E) permits the government to, if other efforts fail, deport a noncitizen to "another country whose government will accept the alien into that country." Despite the necessary condition of acceptance, Respondents assert that they can "remove [Petitioner] to Mexico at any time." Doc. 8 at 6. In fact, the government "cannot simply sua sponte deport an alien to a country where he or she does not have citizenship; instead, the government must typically get permission to deport from the third country." Guzman Chavez v. Hott, 940 F.3d 867, 878-79 (4th Cir. 2019), rev'd on other grounds, 594 U.S. 231. Respondents do not actually contend that Mexico has agreed to accept Petitioner, nor have they provided documentation of correspondence with the Mexican government. All Respondents have submitted is a declaration stating that ERO attempted to remove Petitioner to Mexico. It is wholly unclear whether that attempt complied with § 1231(b)(2)(E). The Court accordingly ORDERS Respondents to file proof showing Mexico will accept Petitioner and that removal is therefore reasonably foreseeable. Respondents shall file their response within 7 days of entry of this order. [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gpb) (Entered: 07/07/2026)

Jul 07, 2026

Order