District of New Mexico • 1:26-cv-02287

#1

Jul 14, 2026

COMPLAINT Habeas Corpus Petition against All Defendants ( Filing Fee - Deliver Payment), filed by Gerson Martinez Iriarte. (Attachments: # 1 Civil Cover Sheet Exhibit A Civil Cover Sheet, # 2 Exhibit Exhibit B: Immigration Receipts, # 3 Exhibit Exhibit C: New Mexico Dependency Order, # 4 Exhibit Exhibit D: ORR Release Verification)(McGee, Jasmine) (Entered: 07/14/2026)

#2

Jul 14, 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: 07/15/2026)

Jul 14, 2026

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

Jul 14, 2026

United States Chief District Judge Kenneth J. Gonzales and United States Magistrate Judge John F. Robbenhaar assigned. (vlv)

#3

Jul 16, 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. 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; Mary De Anda-Ybarra; Todd Lyons; Todd Blanche; and Markwayne Mullin. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 07/16/2026)

#4

Jul 16, 2026

Filing fee: $ 5.00, receipt number 1011393 (nnd)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/16/2026)

Jul 16, 2026

Filing Fee Received

Jul 16, 2026

Order

#5

Jul 17, 2026

NOTICE of Appearance by Amy Mondragon on behalf of Mary De Anda-Ybarra, Todd Blanche, Joel Garcia, Todd Lyons, Markwayne Mullin (Mondragon, Amy) (Entered: 07/17/2026)

#6

Jul 29, 2026

RESPONSE re 1 Complaint, filed by Mary De Anda-Ybarra, Todd Blanche, Joel Garcia, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Record of Deportable/Inadmissable Alien) (Mondragon, Amy) (Entered: 07/29/2026)

#7

Aug 04, 2026

Petitioner's REPLY in Support of Habeas Petition re 6 Response filed by Gerson Martinez Iriarte. (McGee, Jasmine) (Entered: 08/04/2026)

#8

Sep 01, 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. Petitioner may seek an award of attorneys' fees under the Equal Access to Justice Act by separate motion. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 09/01/2026)

Sep 01, 2026

Order