Active
Case Information
Filed: July 10, 2026
Assigned to:
Kenneth John Gonzales
Referred to:
Damian L. Martinez
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
August 28, 2026
Parties:
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Docket Entries
#1
Jul 10, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Mariano Juan Lorenzo. (dr) (Entered: 07/10/2026)
Main Document:
Petition for 2241 Relief
#2
Jul 10, 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. (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/10/2026)
Jul 10, 2026
United States Chief District Judge Kenneth J. Gonzales and United States Magistrate Judge Damian L. Martinez assigned. (dr)
#3
Jul 14, 2026
ORDER TO ANSWER by Chief District Judge Kenneth J. Gonzales: The USAO shall ANSWER the Petition within 10 business days of service of the Petition. Petitioner may file an optional reply within 7 days after the answer is filed. Petitioner may file an optional reply within 7 days after the answer is filed. Any outstanding filing fees are due within 30 days, if Petitioner has not already paid the $5.00 fee. Petitioner may file a motion to proceed in forma pauperis in lieu of payment. 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.] (tah) (Entered: 07/14/2026)
Jul 14, 2026
Order
Jul 20, 2026
Filing Fee Received
#6
Jul 23, 2026
Response (when not to a motion)
Main Document:
Response (when not to a motion)
#7
Aug 07, 2026
Reply (when not to a motion)
Main Document:
Reply (when not to a motion)
#8
Aug 28, 2026
ORDER by Chief District Judge Kenneth J. Gonzales. The Court has considered Petitioner's Petition for a Writ of Habeas Corpus, Doc. 1, the Government's Response, Doc. 6, and Petitioner's Reply, Doc. 7. In its Response, the Government states that it "[does] not oppose an order requiring...a bond hearing." Doc. 6 at 1. For that reason, and those stated in Oliva Rodas v. U.S. Immigr. & Customs Enf't, 2026 WL 2163442, at *2 (D.N.M.), the Court grants the Petition. Within seven (7) business days of this Order, the Government shall provide Petitioner with a bond hearing where Petitioner bears the burden of proving by a preponderance of the evidence that conditions of release would adequately address any risk of flight or danger to the community. Should the Government fail to provide Petitioner a bond hearing within seven (7) business days, it must release him. The Government shall file a status report within ten (10) business days of this Order certifying compliance. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 08/28/2026)
#9
Aug 28, 2026
***FILED IN ERROR*** ORDER by Chief District Judge Kenneth J. Gonzales. The Court has considered Petitioner's Petition for a Writ of Habeas Corpus, Doc. 1, the Government's Response, Doc. 7, Petitioner's Motion for Appointment of Counsel, Doc. 6, and Petitioner's Motion for Reconsideration, Doc. 9. In its Response, the Government states that it "[does] not oppose an order requiring...a bond hearing." Doc. 6 at 1. For that reason, and those stated in Oliva Rodas v. U.S. Immigr. & Customs Enf't, 2026 WL 2163442, at *2 (D.N.M.), the Court grants the Petition. Within seven (7) business days of this Order, the Government shall provide Petitioner with a bond hearing where Petitioner bears the burden of proving by a preponderance of the evidence that conditions of release would adequately address any risk of flight or danger to the community. Should the Government fail to provide Petitioner a bond hearing within seven (7) business days, it must release him. The Government shall file a status report within ten (10) business days of this Order certifying compliance. As to Petitioner's request for counsel, Doc. 6, there is no constitutional right to counsel in this civil proceeding. Given that the Petition is being granted and the relief Petitioner sought is being provided, the Court finds appointment of counsel unnecessary at this time; the request is denied without prejudice to renewal should circumstances change. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) Modified text on 8/28/2026 add error language per chambers request (gr). (Entered: 08/28/2026)
Aug 28, 2026
Order