Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
______________________________
RUTILIO AGUIRRE MEDINA,
Petitioner,
v. 	No. 2:26-cv-0885-KWR-JHR
WARDEN, Otero County Processing Center, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER DIRECTING AMENDMENT
Before the Court is Petitioner Rutilio Aguirre Medina’s pro se Petition for Writ of Habeas
Corpus Under 28 U.S.C. § 2241 (Doc. 1) (Petition). 	Also before the Court are Petitioner’s Motion
to Proceed In Forma Pauperis (Doc. 2) (IFP Motion) and Emergency Motion for Immediate
Release (Doc. 3). 	It appears Petitioner is unable to prepay the $5.00 habeas filing fee. 	The Court
will grant the IFP Motion (Doc. 2) pursuant to 28 U.S.C. § 1915(b)(4) and Petitioner shall be
excused from prepaying the filing fee.
Petitioner challenges his custody by Immigration and Customs Enforcement (ICE) at the
Otero County Processing Center in Chaparral, New Mexico. 	Petitioner states he was arrested on
January 31, 2026 because “[t]he officer alleged that he was driving outside the lane.” 	(Doc. 1) at
1. 	He states he was transferred to ICE custody on February 2, 2026, and he asks the Court to
“review the legality of this detention.” 	Id. 	The Emergency Motion for Immediate Release makes
identical allegations as the Petition. 	See (Doc. 3).
On this record, the Court cannot adequately evaluate Petitioner’s claims under Habeas
Rules 1 and 4 to determine whether the Government should file an answer. 	Petitioner does not
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state the date he entered the United States or whether he has been provided a bond hearing by an
Immigration Judge. 	The Court is therefore unable to determine if Petitioner raises a claim for
relief under 8 U.S.C. § 1226. 	If Petitioner is being detained under 8 U.S.C. § 1226(a) and has
been provided a bond hearing, the Court is precluded from reviewing an Immigration Judge’s
discretionary decision to deny bond under a decision under that statute. 	See 8 U.S.C. § 1226(e)
(“No court may set aside any action or decision by the Attorney General under [§ 1226] regarding
the detention or release of any alien or the grant, revocation, or denial of bond or parole.”). 	The
Court is further precluded from requiring multiple bond hearings. 	See Jennings v. Rodriguez, 583
U.S. 281, 295 (2018) (concluding that §§1225(b), 1226(a), and 1226(c) do not give detained
immigrants the right to periodic bond hearings during the course of their detention pending a final
order of removal). 	Additionally, Petitioner does not state whether he is under a removal order, so
the Court is unable to determine whether he raises a colorable claim challenging his detention
under 8 U.S.C. § 1231.
For the foregoing reasons, it is unclear if Petitioner can raise a colorable claim for habeas
relief. 	The Court will therefore deny the Emergency Motion for Immediate Release (Doc. 3)
without prejudice and require Petitioner to file an amended Section 2241 petition within twenty-
one (21) days of entry of this Order. 	The amendment should include more details about when
Petitioner entered the United States; what process (hearings, etc.) Petitioner has received so far;
the status of his immigration proceedings, including the date of any removal order and whether it
is on appeal; and whether the Immigration Court has denied him bond. 	The Court encourages
Petitioner to provide his A-Number and attach copies of any Immigration Court orders, if possible.
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The failure to timely amend in accordance with these instructions may result in dismissal of this
case without prejudice and without further notice.
IT IS THEREFORE ORDERED that within twenty-one (21) days of entry of this
Order, Petitioner must file an amended Section 2241 petition as set forth above;
IT IS FURTHER ORDERED that Petitioner’s Motion to Proceed In Forma Pauperis.
(Doc. 2) is GRANTED and Petitioner’s Emergency Motion for Immediate Release (Doc. 3) is
DENIED without prejudice.
____/S/ KEA W. RIGGS_________________
UNITED STATES DISTRICT JUDGE
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