Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
________________________________
VILMA CLEAR FORNYUY SIMO KONGNSO,
Petitioner,
v. 	No. 2:26-cv-0222-WJ-LF
PAMELA BONDI, United States Attorney General;
KRISTI NOEM, Secretary, U.S. Department of
Homeland Security;
TODD LYONS, Acting Director
Immigration and Customs Enforcement;
MARY DE ANDA-YBARRA, Field Office
Director, Enforcement and Removal Operations,
El Paso Field Office;
DORA CASTO, Warden, Otero County
Processing Center;
Respondents.
ORDER TO ANSWER
This matter is before the Court on Petitioner Vilma Clear Fornyuy Simo Kongnso’s Petition
for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) (Petition). Petitioner is detained at
the Otero County Processing Center (Doc. 1 at 1). Petitioner states she entered the United States
on May 31, 2025, at the Bridge of Americas border crossing. She was deemed inadmissible and
placed in expedited removal proceedings. (Doc. 1 at 1-2, 5). On September 16, 2025, a credible
fear interview was held, resulting in a credible fear determination. (Doc. 1 at 5). On October 6,
2025, charges were amended to “arriving alien.” (Doc. 1 at 6) 	She filed a Form I-589 application
for asylum and withholding of removal and a hearing was held on January 12, 2026. (Doc. 1 at
7). She was held inadmissible and ordered to be removed to Uganda. (Doc. 1 at 7). She filed a
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Notice of Appeal on January 15, 2026, and the appeal is pending. (Doc. 1 at 7). Petitioner seeks
immediate release or, alternatively, a personalized detention hearing. (Doc. 1 at 21).
Having reviewed the record, the Court finds the alleged facts may raise a colorable claim
for relief. 	See Melchor-Rios v. Ortiz, et al., 2:25-cv-1055 WJ-GJF (concluding the petitioner’s
detention was governed by 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225, and ordering Respondents
to provide a bond hearing or release the petitioner); Briceno-Sanchez v. Dedos, et al., 2:25-cv-
1054 WJ-GBW (same). 	Pursuant to Standing Order 26-mc-0004-03, the Clerk’s Office will be
directed to electronically serve the Petition, together with a copy of this Order, on Respondents
via CM/ECF. The United States Attorney’s Office (USAO) shall answer the Petition within 10
(ten) business days of electronic service of the Petition and this Order. See Habeas Rules 1(b), 4
(courts have discretion to set a time for respondents to answer a habeas petition).1 The answer
should address the merits of Petitioner’s claim and show cause why the requested relief should not
be granted. 	Any response filed by Respondents must demonstrate why the specific facts or
procedural posture of this case warrant a departure from the Court’s prior rulings. Petitioner may
file an optional reply within 10 (ten) business days after the answer brief is filed.
If the USAO declines to timely respond, the Court may enter a separate order directing the
Immigration Court to conduct a bond hearing in accordance with its prior rulings on this issue.
IT IS ORDERED:
(1) the Clerk’s Office is DIRECTED to electronically serve the Petition, together with a
copy of this Order, on Respondents via CM/ECF; and
1 To the extent applicable and pursuant to the authority granted by Rule 1(b) of the Rules
Governing 2254 Cases in the United States District Court and Standing Order 26-mc-0004-03,
the Court will apply the Rules Governing Section 2254 cases in this proceeding.
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(2) the USAO shall ANSWER the Petition within 10 (ten) business days of electronic
service of the Petition and this Order and show cause why the requested relief should not be
granted. If Petitioner wishes to file an optional reply, she must do so within ten (10) business days
after Respondents’ response is filed.
/s/_____________________________________
WILLIAM P. JOHNSON
SENIOR UNITED STATES DISTRICT JUDGE
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