District of New Mexico • 1:26-cv-01862

#1

Jun 08, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Wesam Sami Hussein Alhawamdeh. (vlv) (Entered: 06/09/2026)

#2

Jun 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. (vlv)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/09/2026)

#3

Jun 08, 2026

Filing fee: $ 5.00, receipt number 1010982 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/09/2026)

Jun 08, 2026

United States District Judge Sarah M Davenport and United States Chief Magistrate Judge Gregory B. Wormuth assigned. (vlv)

Jun 09, 2026

Filing Fee Received

#4

Jun 10, 2026

ORDER TO ANSWER AND ENJOINING TRANSFER by District Judge Sarah M. Davenport: The USAO shall ANSWER the Petition and any pending motions by June 25, 2026. An optional reply is due within 10 days after the answer is filed. 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 the docket lists the following Respondents: the facility Warden; Mary De Anda-Ybarra; Acting ICE Director; U.S. Attorney General; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jmr) (Entered: 06/10/2026)

Jun 10, 2026

Order to Answer

#5

Jun 11, 2026

NOTICE of Appearance by Natasha Moghadam on behalf of Acting ICE Director, Mary De Anda-Ybarra, Markwayne Mullin, U.S. Attorney General (Moghadam, Natasha) (Entered: 06/11/2026)

#6

Jun 24, 2026

RESPONSE re 1 Petition for 2241 Relief filed by Acting ICE Director. (Attachments: # 1 Exhibit 1) (Moghadam, Natasha) (Entered: 06/24/2026)

#7

Aug 19, 2026

EMERGENCY MOTION to Inform the Honorable Judge About the Petitioner's Situation by Wesam Sami Hussein Alhawamdeh. (jn) (Entered: 08/19/2026)

#8

Aug 28, 2026

MOTION to Lift Temporary Restraining Order by Acting ICE Director. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Moghadam, Natasha) (Entered: 08/28/2026)

#9

Aug 28, 2026

On June 8, 2026, Petitioner filed a Petition of Habeas Corpus Under 28 U.S.C. § 2241. Doc. 1. On August 19, 2026, Petitioner filed an Emergency Motion (Doc. 7) stating that he was granted voluntary departure on June 17, 2026 and posted a $500 bond. Petitioner notes that Immigration and Customs Enforcement ("ICE") refuses to release him and offers no explanation. See Doc. 7 at 1. An Immigration Judge ("IJ") granted Petitioner post-conclusion voluntary departure under INA § 240B(b), ordering him to depart by August 17, 2026. See Doc. 8-1 at 2. Consequently, when Petitioner filed his Emergency Motion on August 19, 2026, the voluntary departure period had already expired. On August 28, 2026, Respondents filed a Motion to Lift the Temporary Restraining Order, asserting that the IJ "issued an order of removal which became final when Petitioner failed to appeal to BIA." Doc. 8 at 2. The Court finds this characterization inaccurate. The IJ's order contains no findings in the "Removal" section; rather, the IJ granted post-conclusion voluntary departure under the "Voluntary departure" section. See Doc. 8-1. Respondents further state that they "intend to pursue Petitioner's removal from the United States" and seek to lift the Court's stay on transfer. Doc. 8 at 2. Petitioner's failure to depart timely was not his own fault, but the result of his detention, a fact that neither party disclosed to the Court until after the departure deadline had passed. Accordingly, the Court strongly recommends that the time permitted for Petitioner's voluntary departure be tolled during the period Respondents were prohibited from transferring Petitioner out of the District of New Mexico. IT IS ORDERED that the Court's June 10, 2026 stay enjoining transfer is LIFTED. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (xj) (Entered: 08/28/2026)

Aug 28, 2026

Order