Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RESULCAN DEMETGUL,
Petitioner,
v. No. 26-cv-0342-KG-DLM
WARDEN CASTRO, Otero County Processing Center,
MARY DE ANDA-YBARRA, Field Office Director of
Enforcement and Removal Operations, El Paso
Field Office, Immigration and Customs
Enforcement; TODD LYONS, Acting Director
Immigration and Customs Enforcement;
KRISTI NOEM, Secretary, U.S. Department
Of Homeland Security; AND PAMELA BONDI,
U.S. Attorney General,
Respondents,1
ORDER TO ANSWER
This matter is before the Court on Petitioner Resulcan Demetgul’s Petition for Writ of
Habeas Corpus. (Doc. 1) (Petition). Also before the Court is Petitioner’s Motion to Proceed In
Forma Pauperis. (Doc. 2) (IFP Motion). Petitioner alleges immigrations officials previously
released him on an $8000 bond, but he was re-detained without explanation or a new bond
hearing. (Doc. 1) at 9. The Clerk’s Office has electronically served Respondents - including
the federal Respondents added in this Order - by Notice of Electronic Filing (NEF) using the
CM/ECF system. (Doc. 3). The United States Attorney’s Office (USAO) shall answer the
1 While the form pro se Petition names the Warden, which is standard in non-immigration cases, the
Court will add the above-mentioned parties as Respondents in this case. See Torres-Torres v. Miller,
2020 WL 4430519 (D.N.M. July 31, 2020) (discussing the party respondents in an immigration habeas
case); Lowmaster v. Dir., Bureau of Prisons, 2024 WL 5135970, at *1 (D. Kan. Dec. 17, 2024) (“the
Court notes that it routinely substitutes the” proper parties as “respondent in habeas cases”); Danderson v.
Page, 2024 WL 3913051, at *2 (E.D. Okla. Aug. 20, 2024) (substituting the proper party respondent in a
habeas case).
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Petition within ten (10) business days of entry of this Order. Petitioner may file an optional
reply within seven (7) business days after the answer is filed. The Court will grant Petitioner’s
IFP Motion, which reflects he is unable to prepay the filing fee in this case. If the USAO fails
to timely respond to the Petition, the Court may release Petitioner or require a bond hearing
without further notice.
IT IS ORDERED:
1. The USAO shall answer the Petition within ten (10) business days of entry of this
Order.
2. Petitioner may file an optional reply within seven (7) business days after the answer
is filed.
3. Petitioner’s Motion to Proceed In Forma Pauperis (Doc. 2) is granted.
4. The Clerk’s Office shall update CM/ECF to reflect the additional Respondents set
forth above.
/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 2:26-cv-00342-KG-DLM Document 4 Filed 02/10/26 Page 2 of 2