Tecun-Deleon v. Noem et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TULIO TECUN-DELEON, )
)
Petitioner, )
)
v. ) Case No. CIV-26-46-G
)
KRISTI NOEM, in her official capacity )
as Secretary, U.S. Department )
of Homeland Security, et al., )
)
Respondents. )
ORDER
Petitioner Tulio Tecun-DeLeon, appearing through counsel, filed a Petition for Writ
of Habeas Corpus (“Petition,” Doc. No. 1) pursuant to 28 U.S.C. § 2241, challenging his
detention by U.S. Immigration and Customs Enforcement. At the time the Petition was
filed, Petitioner was in custody at the Cimarron Correctional Facility in Cushing,
Oklahoma. Id. at 3.
The undersigned has examined the Petition and ORDERS as follows:
1. Within fourteen (14) days of the date of this Order, Respondents shall file an
answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases
in the United States District Courts.1 Alternatively, Respondents may file a pre-
answer motion.
a. If Respondents file an answer, Petitioner may file a reply within seven
(7) days after the date the answer was filed. See R. 5(e), R. Governing §
2254 Cases in U.S. Dist. Cts.
1 The Court may apply the Rules governing 28 U.S.C. § 2254 cases to habeas petitions
arising under 28 U.S.C. § 2241. See R. 1(b), R. Governing § 2254 Cases in U.S. Dist. Cts.;
Boutwell v. Keating, 399 F.3d 1203, 1210 n.2 (10th Cir. 2005).
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b. If Respondents file a motion, Petitioner may file a response within ten
(10) days after the date the motion was filed. See LCvR 7.1(g).
2. The Petition alleges that Petitioner is confined within the territorial jurisdiction
of the Western District of Oklahoma. So that counsel may have knowledge of
Petitioner’s whereabouts and maintain the ability to communicate with him:
a. Respondents shall file written notice at least seventy-two hours before
any instance of removing, transferring, relocating, or otherwise moving
Petitioner, regardless of whether the new location is within the territorial
jurisdiction of the Western District of Oklahoma.
b. If Respondents contest that Petitioner is presently being held within the
territorial jurisdiction of the Western District of Oklahoma, they shall file
a written notice stating the name and location of the facility in which
Petitioner is confined. Such notice shall be provided promptly after
Respondents become aware of Petitioner’s location.
3. The Clerk of Court is directed to send copies of each filing entered in this matter
as of the date of this Order to the United States Attorney for the Western District
of Oklahoma for acceptance on behalf of Respondents at the following address:
210 W. Park Avenue, Suite 400, Oklahoma City, Oklahoma 73102.
4. The Clerk of Court is further directed not to issue summonses. See R. 4, R.
Governing § 2254 Cases in U.S. Dist. Cts.
IT IS SO ORDERED this 19th day of January, 2026.
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