Active
Case Information
Filed: June 24, 2026
Assigned to:
Sarah M. Davenport
Referred to:
Steven C. Yarbrough
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
October 22, 2026
Parties:
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Docket Entries
#1
Jun 24, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Carlos Otoniel Lopez Flores. (bc) (Entered: 06/24/2026)
Main Document:
Petition for 2241 Relief
#2
Jun 24, 2026
MOTION for Leave to Proceed in forma pauperis by Carlos Otoniel Lopez Flores. (bc) (Entered: 06/24/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jun 24, 2026
PETITION (MOTION) AGAINST REMOVAL FROM THIS FACILITY by Carlos Otoniel Lopez Flores. (bc) (Entered: 06/24/2026)
Main Document:
Order
#4
Jun 24, 2026
MOTION to Appoint Counsel by Carlos Otoniel Lopez Flores. (bc) (Entered: 06/24/2026)
Main Document:
Appoint Counsel
#5
Jun 24, 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: 06/24/2026)
Jun 24, 2026
United States District Judge Sarah M Davenport and United States Magistrate Judge Steven C. Yarbrough assigned. (bc)
#6
Jul 06, 2026
ORDER TO ANSWER AND ENJOINING TRANSFER by District Judge Sarah M. Davenport: The USAO shall ANSWER the Petition and any pending motions by July 20, 2026. An optional reply is due within 10 days after the answer is filed. Petitioner's Motion to Prohibit Transfer [Doc. 3] is GRANTED and the Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending. Petitioner's Motion to Proceed In Forma Pauperis [Doc. 2] is GRANTED and Petitioner is excused from prepaying the filing fee. Petitioner's Motion to Appoint Counsel [Doc. 4] is DENIED without prejudice. The Clerk's Office shall confirm that the docket lists the following Respondents: the facility Warden; the El Paso Field Office Director, Enforcement and Removal Operations; the U.S. Attorney General; the Acting Director, U.S. Immigration and Customs Enforcement; and Markwayne Mullin, Secretary, U.S. Department of Homeland Security. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (atc) (Entered: 07/06/2026)
Jul 06, 2026
Order to Answer AND ~Util - Terminate Motions
#7
Jul 07, 2026
NOTICE of Appearance by Keythan F Park on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin (Park, Keythan) (Entered: 07/07/2026)
Main Document:
NOTICE
#8
Jul 20, 2026
Federal Respondents' RESPONSE re 1 Petition for 2241 Relief, 6 Order to Answer,,,,, Terminate Motions,,,, filed by Acting Director, U.S. Immigration and Customs Enforcement, Todd Blanche, El Paso Field Office Director, Enforcement and Removal Operations, Markwayne Mullin. (Attachments: # 1 Exhibit 1--NTA I-862, # 2 Exhibit 2--I-213, # 3 Exhibit 3--Removal Order, # 4 Exhibit 4--BIA Filing Receipt) (Park, Keythan) (Entered: 07/20/2026)
Main Document:
Response (when not to a motion)
#9
Jul 31, 2026
MOTION for Custody Release by Carlos Otoniel Lopez Flores. (jjs) (Entered: 07/31/2026)
Main Document:
Order
#10
Sep 17, 2026
MOTION for Custody Release by Carlos Otoniel Lopez Flores. (vh) (Entered: 09/18/2026)
Main Document:
Order
#11
Oct 05, 2026
Emergency MOTION to Quash Order Enjoining Transfer by Acting Director, U.S. Immigration and Customs Enforcement, Todd Blanche, El Paso Field Office Director, Enforcement and Removal Operations, Markwayne Mullin. (Attachments: # 1 Exhibit 1--Declaration) (Park, Keythan) (Entered: 10/05/2026)
Main Document:
Quash
#12
Oct 05, 2026
ORDER by District Judge Sarah M. Davenport. In light of Respondents' Emergency Motion to Quash Order Enjoining Transfer (Doc. 11), Respondents shall confirm whether Petitioner has any appeal, petition for review, or request for a stay of removal currently pending before any United States Court of Appeals. Respondents shall file their response no later than the close of business on October 7, 2026. (yk) [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/05/2026)
Oct 05, 2026
Order
#13
Oct 06, 2026
Federal Respondents' RESPONSE re 12 Order,, filed by Acting Director, U.S. Immigration and Customs Enforcement, Todd Blanche, El Paso Field Office Director, Enforcement and Removal Operations, Markwayne Mullin. (Attachments: # 1 Exhibit 1--PACER Search Results) (Park, Keythan) (Entered: 10/06/2026)
Main Document:
Response (when not to a motion)
#14
Oct 06, 2026
ORDER by District Judge Sarah M Davenport. IT IS ORDERED that Respondents shall disclose, by close of business on October 13, 2026, the country to which they intend to remove Petitioner. Respondents must further provide: (1) proof of notice to Petitioner; and (2) proof of a fear-based screening determination, similar to an asylum credible fear interview, proving Petitioner will not face inhumane treatment in that country.[THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (yk) (Entered: 10/06/2026)
Oct 06, 2026
Order
#15
Oct 13, 2026
Federal Respondents' RESPONSE re 14 Order,, filed by Acting Director, U.S. Immigration and Customs Enforcement, Todd Blanche, El Paso Field Office Director, Enforcement and Removal Operations, Markwayne Mullin. (Attachments: # 1 Exhibit 1--BIA DIsmissal 8-25-26, # 2 Exhibit 2--Email Chain, # 3 Exhibit 3--Declaration) (Park, Keythan) (Entered: 10/13/2026)
Main Document:
Response (when not to a motion)
#16
Oct 16, 2026
ORDER TO SHOW CAUSE by District Judge Sarah M. Davenport. For the reasons stated herein, Respondents are ORDERED to show cause why they should not be sanctioned and/or held in contempt for violating the Court's July 6, 2026 Order enjoining Petitioner's transfer or removal from the District of New Mexico (Doc. 6). Respondents shall file their supplemental written response by October 22, 2026, at 5:00 p.m. Mountain Time. A show-cause hearing is set for October 27, 2026, at 1:30 p.m., in the Mimbres Courtroom, United States Courthouse, 100 North Church Street, Las Cruces, New Mexico. The individuals identified in the separately filed Order to Show Cause shall personally appear as directed therein. The Court reserves any determination of contempt or sanctions ending further proceedings. (yk) (Entered: 10/16/2026)
#17
Oct 20, 2026
Mail Returned as Undeliverable re 14 Order,,. Mail sent to Carlos Otoniel Lopez Flores (vh) (Entered: 10/21/2026)
Main Document:
Mail Returned
#19
Oct 22, 2026
Federal Respondents' RESPONSE re 16 Order,,, filed by Acting Director, U.S. Immigration and Customs Enforcement, Todd Blanche, El Paso Field Office Director, Enforcement and Removal Operations, Markwayne Mullin. (Attachments: # 1 Exhibit 1--Email re Order Enjoining Transfer, # 2 Exhibit 2--EARMS, # 3 Exhibit 3--OPLA - DO Email, # 4 Exhibit 4--USAO - ICE Liaison Email, # 5 Exhibit 5--USAO - ICE Liaison Email, # 6 Exhibit 6--USAO - DO Email, # 7 Exhibit 7--DO Declaration, # 8 Exhibit 8--OPLA - USAO Email) (McNair, Christopher) (Entered: 10/22/2026)
Main Document:
Response (when not to a motion)
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