District of New Mexico • 1:26-cv-02789
Hernandez Bustamante v. Warden
Active
Case Information
Filed: August 24, 2026
Assigned to:
Margaret I. Strickland
Referred to:
Jennifer M. Rozzoni
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
August 25, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 24, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Gilberto Hernandez Bustamante. (eh) (Entered: 08/24/2026)
Main Document:
Petition for 2241 Relief
#2
Aug 24, 2026
MOTION for Leave to Proceed in forma pauperis by Gilberto Hernandez Bustamante. (eh) (Entered: 08/24/2026)
Main Document:
Proceed In Forma Pauperis
#3
Aug 24, 2026
Request for Interim Relief by Gilberto Hernandez Bustamante. (eh) (Entered: 08/24/2026)
Main Document:
Order
#4
Aug 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. (eh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/24/2026)
Aug 24, 2026
United States District Judge Margaret I. Strickland and United States Magistrate Judge Jennifer M. Rozzoni assigned. (eh)
#5
Aug 25, 2026
ORDER TO SHOW CAUSE AND ENJOINING TRANSFER by District Judge Margaret I. Strickland: The USAO shall ANSWER the Petition and show cause why relief should not be granted within 10 business days, unless the Court sets a separate deadline/hearing to address emergency relief. The USAO's answer MUST specify whether the Court has already ruled on the legal issue(s) in this case and, if so, whether the facts are distinguishable from prior rulings. Petitioner's Motion to Proceed In Forma Pauperis (ECF 2 ) is GRANTED. Petitioner's Motion for Interim Relief, requesting that the Court enjoin his transfer while his case is pending, (ECF 3 ) is GRANTED in part.The Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending, absent a final order of removal. Finally, the Clerk's Office shall confirm the docket lists the following Respondents: the facility Warden; Acting ICE Field Director; Acting U.S. Attorney General; and Secretary Markwayne Mullin.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Show Cause Response due by 9/9/2026. (pa) (Entered: 08/25/2026)
Aug 25, 2026
Order to Show Cause
Parties
Dedos
Party
Hernandez Bustamante
Party