District of New Mexico • 1:25-cv-00452

#1

May 13, 2025

COMPLAINT PETITION FOR WRIT OF HABEAS CORPUS against Acting Director U.S. Immigration and Customs Enforcement, Attorney General of the United States, Ice El Paso Field Office Director, Secretary of the Department of Homeland Security ( Filing Fee - Online Payment), filed by Rafael Lopez Arvelaiz. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Summons Attorney General, # 7 Summons Director ICE, # 8 Summons-El Paso Field Office, # 9 Summons-Secretary, # 10 Summons-Civil Process Clerk)(Symphorien-Saavedra, Francisco) (Entered: 05/13/2025)

May 13, 2025

Office code correction. Case office code has been changed from 2 (Las Cruces) to 1 (Albuquerque). (bc)

May 13, 2025

United States District Judge Margaret I. Strickland and United States Chief Magistrate Judge Gregory B. Wormuth assigned. (bc)

#2

May 14, 2025

Filing fee: $ 5.00, receipt number 1007432 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/14/2025)

May 14, 2025

Filing Fee Received

#3

May 15, 2025

ORDER TO ANSWER by District Judge Margaret I. Strickland. (jsq) (Entered: 05/15/2025)

#4

May 16, 2025

CERTIFICATE OF SERVICE by Rafael Lopez Arvelaiz re 3 Order to Answer (Symphorien-Saavedra, Francisco) (Entered: 05/16/2025)

#5

May 22, 2025

ANSWER to 1 Complaint,, Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §2241 by Acting Director U.S. Immigration and Customs Enforcement, Attorney General of the United States, Ice El Paso Field Office Director, Secretary of the Department of Homeland Security. Related document: 1 Complaint,, filed by Rafael Lopez Arvelaiz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Houghton, Kristopher) (Entered: 05/22/2025)

#6

May 23, 2025

NOTICE of Appearance by Kristopher N Houghton on behalf of Acting Director U.S. Immigration and Customs Enforcement, Attorney General of the United States, Ice El Paso Field Office Director, Secretary of the Department of Homeland Security (Houghton, Kristopher) (Entered: 05/23/2025)

#7

May 28, 2025

ORDER EXPEDITING REPLY by District Judge Margaret I. Strickland. If Petitioner intends to file a reply to the United States's Answer, ECF No. 5, it shall be filed on or before Monday, June 2, 2025.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/28/2025)

May 28, 2025

Order

#8

May 30, 2025

PETITIONER'S REPLY TO RESPONDENT'S re 5 Answer to Complaint, filed by Rafael Lopez Arvelaiz. (Symphorien-Saavedra, Francisco) (Entered: 05/30/2025)

#9

Jun 12, 2025

NOTICE by Acting Director U.S. Immigration and Customs Enforcement, Attorney General of the United States, Ice El Paso Field Office Director, Secretary of the Department of Homeland Security Notice of Unavailability of Counsel (Houghton, Kristopher) (Entered: 06/12/2025)

#10

Jun 18, 2025

STATUS REPORT ORDER by District Judge Margaret I. Strickland. Status Report due by 7/2/2025.THIS MATTER is before the Court on a sua sponte review of the record. Plaintiff Rafael Lopez Arvelaiz is a Venezuelan national who legally entered the United States on March 3, 2024 pursuant to a grant of humanitarian parole under the "CHNV" parole program, and promptly obtained work authorization. ECF No. 1 para. 20. Plaintiff's parole was set to expire on February 22, 2026. Id. para. 25. On March 6, 2025, Plaintiff was arrested in Florida for failure to register a vehicle--a second degree misdemeanor--and was released on bond. Id. para. 21. However, after posting bond, Plaintiff was transferred to the custody of United States Immigration and Customs Enforcement ("ICE"), which charged him with unlawfully being in the United States. Id. para. 22. ICE subsequently transferred Plaintiff to the Torrance County Detention Center in Estancia, New Mexico. Id. para. 23. On March 25, 2025, the U.S. Department of Homeland Security published a Federal Register Notice ("FRN") announcing the immediate termination of the CHNV parole program that indicated that all CHNV paroles that had not already expired by April 24, 2025 would be terminated on that date. Id. para. 24. On April 14, 2025, the United States District Court for the District of Massachusetts issued a preliminary injunction staying the FRN insofar as it revoked, without case-by-case review, the previously granted parole and work authorization issued to noncitizens paroled into the United States pursuant to the CHNV parole program prior to the noncitizen's originally stated parole end date. Id. para. 28. See also Doe v. Noem, Civil Action No. 1:25-cv-10495-IT, 2025 WL 1099602 (D. Mass. Apr. 14, 2025) [hereinafter, "Doe"]. On May 13, 2025, Plaintiff filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. sec. 2241 alleging that he is being unlawfully detained by ICE. Id. paras. 1, 3. Plaintiff alleges that pursuant to the preliminary injunction entered in Doe his "parole has been reinstated and does not expire until March [sic] 22, 2026, which means that he is in lawful immigration status and not subject to detention." Id. para. 29. On May 15, 2025, the Court ordered Defendants to answer the Petition. ECF No. 3 . Defendants filed an Answer on May 22, 2025. ECF No. 5 . Plaintiff filed a Reply on May 30, 2025. ECF No. 8 .The same day, May 30, 2025, the United States Supreme Court issued an order staying the preliminary injunction issued in Doe pending the Government's appeal to the First Circuit Court of Appeals and any future petition for writ of certiorari to the U.S. Supreme Court. Noem v. Doe, 605 U.S. __, 2025 WL 1534782 (May 30, 2025). Neither party has mentioned the Supreme Court's decision in Noem to this Court.It is HEREBY ORDERED that on or before July 2, 2025, the Parties shall file a Joint Status Report outlining their respective positions as to the effect the Supreme Court's decision in Noem has on these proceedings.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri) (Entered: 06/18/2025)

Jun 18, 2025

Status Report Order

#11

Jul 02, 2025

Joint Status Report (JSR)