Herrera v. USA

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALFONSO SALCIDO HERRERA, JR.,
Petitioner,
v. No. 2:25-cv-743 KG/GBW
No. 2:23-cr-413 KG/GBW
UNITED STATES OF AMERICA,
Respondent.
ORDER TO ANSWER1
This matter is before the Court on Petitioner Alfonso Salcido Herrera, Jr’s Motion to
Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255 (CV Doc. 4; CR Doc. 83)
(Section 2255 Motion). Petitioner challenges his federal conviction based on claims of
ineffective assistance of counsel. Petitioner also seeks “a limited period of discovery.” (CV
Doc. 4) at 25. Having reviewed the Section 2255 Motion pursuant to Habeas Corpus Rule 4, the
Court determines the claims must be resolved on a full record. The Court will order the United
States to respond to the Section 2255 Motion within 60 days of entry of this Order. The Answer
should address Petitioner’s request for discovery.
Also before the Court is Petitioner’s Motion to Re-Appoint the Federal Public Defender
(CV Doc. 7; CR Doc. 88). The Court previously appointed Federal Public Defender Chaz
Rotenberg to represent Petitioner, and Mr. Rotenberg filed the Section 2255 Motion. See (CR
1 The Court dockets this Order to Answer in both the criminal and civil cases to make sure that
Respondent receives it. However, Respondent need only file an answer in the civil case. All
documents related to the § 2255 Petition should only be filed in the civil case going forward.
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Doc. 78). Federal Public Defender Violet Edelman filed a Notice of Substitution of Counsel on
April 13, 2026. (CV Doc. 6; CR Doc. 87). Because Petitioner is currently represented by
counsel from the Federal Public Defender’s office, the Court denies Petitioner’s Motion to Re-
Appoint the Federal Public Defender, (CV Doc. 7; CR Doc. 88), as moot.
IT IS THEREFORE ORDERED that:
1. The United States shall ANSWER the Section 2255 Motion within sixty (60) days of
entry of this Order, as set forth above;
2. Petitioner may file an optional reply within thirty (30) days after the answer is filed; and
3. Petitioner’s Motion to Re-Appoint the Federal Public Defender (CV Doc. 7; CR Doc. 88)
is DENIED as moot.
/s/Kenneth J. Gonzales__________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its
authenticity, please refer to the Digital File
Stamp on the NEF (Notice of Electronic
Filing) accompanying this document.
Electronically filed documents can be found
on the Court’s PACER public access
system.
Case 2:25-cv-00743-KG-GBW Document 8 Filed 05/14/26 Page 2 of 2