Larios Lopez v. Grant et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CRISTHIAN JOSSUE LARIOS LOPEZ, )
)
Petitioner, )
)
v. ) Case No. CIV-26-134-G
)
SCARLET GRANT, Warden, Cimarron )
Correctional Facility, et al., )
)
Respondents. )
ORDER
Petitioner Cristhian Jossue Larios Lopez, 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
Oklahoma. Id. at 4.
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 to the Petition 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 (72) 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. In accordance with the agreement between the Clerk of Court and the United
States Attorney for the Western District of Oklahoma, the Clerk of Court is
directed to send copies of the Petition and this Order via email to the United
States Attorney for the Western District of Oklahoma for acceptance on behalf
of Respondents.
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 3rd day of February, 2026.
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