Garcia Montero et al v. Grant et al
| Todd Blanche, Markwayne Mullin and Field Office Director of U.S. Immigration and Customs Enforcement |
| Yunior Andres Garcia Montero |
| Field Office Director, Secretary of the Department of the Homeland Security, Attorney General of the United States and Warden of Cimarron Correctional Facility |
| 5:2026cv00708 |
| April 3, 2026 |
| U.S. District Court for the Western District of Oklahoma |
| Shon T Erwin |
| Charles Goodwin |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 22 REPLY by Petitioner Yunior Andres Garcia Montero re #21 Response, filed by Yunior Andres Garcia Montero. (naa) |
| Filing 21 RESPONSE re #12 Petition for Writ of Habeas Corpus (Amended) filed by Attorney General of the United States(named in official capacity), Todd Blanche, Field Office Director of U.S. Immigration and Customs Enforcement, Markwayne Mullin, Secretary of the Department of the Homeland Security. (Attachments: #1 Exhibit 1 (Saldivar Decl.))(Maule, Scott) |
| Filing 20 ENTRY of Appearance by Scott A Maule on behalf of Todd Blanche, Markwayne Mullin, Field Office Director of U.S. Immigration and Customs Enforcement (Maule, Scott) |
Filing 19
ORDER FOR RESPONSE -- Respondents shall file an answer, motion or other response within fourteen (14) days from this order's date. With the entry of this shortened briefing schedule Petitioners Emergency Motion to Expedite Pursuant to 28 USC 1657 (ECF No. 15) is GRANTED. In addition, with the filing of the Amended Petition (ECF No. 12) Petitioner's Motions (ECF Nos. 3, 4, 5 and 6) are TERMINATED. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 4/27/2026. (mc)
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| Filing 18 CERTIFICATE OF SERVICE by Petitioner Yunior Andres Garcia Montero re #17 MOTION for Stay of Removal, #12 Petition for Writ of Habeas Corpus (Amended), #15 MOTION to Expedite, #14 MOTION for Immediate Release, #13 Affidavit in Support, #16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Envelope)(jac) |
| Filing 17 MOTION for Stay of Removal by Yunior Andres Garcia Montero. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(jac) |
| Filing 16 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Yunior Andres Garcia Montero. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(jac) |
| Filing 15 MOTION to Expedite Consideration of Habeas Petition by Yunior Andres Garcia Montero. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(jac) |
| Filing 14 MOTION for Immediate Release by Yunior Andres Garcia Montero. Motions referred to Shon T. Erwin. (jac) (Additional attachment(s) added on 4/21/2026: #1 Envelope) (jac). |
| Filing 13 AFFIDAVIT in Support re #12 Petition for Writ of Habeas Corpus (Amended), #1 Petition for Writ of Habeas Corpus, by Yunior Andres Garcia Montero. (Attachments: #1 Envelope)(jac) |
| Filing 12 PETITION for Writ of Habeas Corpus (Amended) filed by Yunior Andres Garcia Montero. (Attachments: #1 Attachment 1 - Supporting Documents, #2 Envelope)(jac) |
| Filing 11 NOTICE of Change of Address by Yunior Andres Garcia Montero (Attachments: #1 Envelope)(alw) |
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Filing 10
ORDER -- Yunior Andres Garcia Montero did not sign the Petition and Marioly Francys Garcia Diaz has not shown she was authorized to sign or submit the Petition on Garcia Montero's behalf or that she is an attorney representing Garcia Montero. IT IS THEREFORE ORDERED that Garcia Montero and/or Marioly Francys Garcia Diaz are ordered to show cause as to why the Petition should not be dismissed for failure to establish next friend status. In the alternative, Yunior Andres Garcia Montero may sign the Petition or submit for filing an Amended Petition that he has personally signed and verified. The deadline to comply with this Order is on or before April 23, 2026. Signed by Magistrate Judge Shon T. Erwin on 4/9/2026. (mc)
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| Filing 9 Receipt for Money Received from Marioly Francys Garcia Diaz in the amount of $5.00, receipt number 500016866 regarding #1 Petition for Writ of Habeas Corpus, (alw) |
| Filing 8 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by Deputy Clerk on 04/06/2026. (alw) |
| Filing 7 NO PREVIOUS Cases (alw) |
| Filing 6 EMERGENCY MOTION for Stay of Removal by Marioly Francys Garcia Diaz. (Attachments: #1 Envelope)(alw) |
| Filing 5 EMERGENCY MOTION for Temporary Restraining Order and Proposed Order by Marioly Francys Garcia Diaz. (Attachments: #1 Envelope)(alw) |
| Filing 4 EMERGENCY MOTION to Expedite Proceedings by Marioly Francys Garcia Diaz. (Attachments: #1 Envelope)(alw) |
| Filing 3 EMERGENCY MOTION for Immediate Release by Marioly Francys Garcia Diaz. (Attachments: #1 Envelope)(alw) |
| Filing 2 NOTICE of Change of Address by Marioly Francys Garcia Diaz, Yunior Andres Garcia Montero (Attachments: #1 Envelope)(alw) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Yunior Andres Garcia Montero, Marioly Francys Garcia Diaz. (Attachments: #1 Exhibit 1 - Identification, #2 Attachment 1 - Next Friend Petition, #3 Attachment 2 - Affidavit of Next Friend, #4 Attachment 3 - Proof of Service, #5 Envelope)(alw) |
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