Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JAVIER MATA-VEGA,
Petitioner,
v.
Case No. 2:26-cv-01260-MIS-GBW
DORA CASTRO, Warden of the Otero
County Prison Facility; MARY DE ANDA-
YBARRA, El Paso Field Office Director,
Enforcement and Removal Operations, U.S.
Immigration and Customs Enforcement;
TODD LYONS, Acting Director of U.S.
Immigration and Customs Enforcement;
MARKWAYNE MULLIN, Secretary of the
U.S. Department of Homeland Security; and
TODD BLANCHE, Acting U.S. Attorney
General,
Respondents.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on Petitioner Javier Mata-Vega’s Petition for a Writ of
Habeas Corpus Under 28 U.S.C. § 2241 (“Petition”), ECF No. 1, filed April 22, 2026. Petitioner
is a citizen of Mexico who entered the United States by foot on June 6, 2006. See Form I-213
Narrative (Oct. 20, 2013), ECF No, 1 at 11. On October 20, 2013, he as arrested by Border Patrol
Agents, found to be “an alien present in the United States who has not been admitted or paroled[,]”
placed in removal proceedings under Section 240 of the Immigration and Nationality Act, issued
a Notice to Appear, and ordered released on his own recognizance. See id.; Notice to Appear, ECF
No. 1 at 12; Order of Release on Recognizance, ECF No. 1 at 13. On August 24, 2021, an
immigration judge entered an order administratively closing his removal proceedings. ECF No. 1
at 16-17.
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Despite complying with all of his immigration responsibilities, on February 11, 2026,
Petitioner was arrested when he appeared at a regularly scheduled appointment with the
Immigration and Customs Enforcement Intensive Supervision Appearance Program. Pet. at 2. He
has been detained at the Otero County Processing Center ever since. See id. On April 22, 2026,
Petitioner filed the instant Petition seeking immediate release. Id. at 8.
On April 23, 2026, the Court issued an Order to Show Cause, ECF No. 4, which instructs
Respondents to answer the Petition and show cause why it should not be granted within ten
business days. Id. The Order instructs Respondents to “specify whether the Court has already
ruled on the legal issue(s) in this case and, if so, whether the facts are distinguishable from prior
rulings.” Id.
On May 7, 2026, the Federal Respondents filed a Response to the Petition. ECF No. 6.
Therein, counsel for Respondents acknowledges that the facts of this case are “substantially
similar” to Duhan v. Noem, Case No. 2:26-cv-00019-MIS-JFR, 2026 U.S. Dist. LEXIS 20895
(D.N.M. Feb. 2, 2026) and that “this Court’s decision in Duhan v. Noem, would control the result
here if the Court adheres to that decision, as the facts are not materially distinguishable for
purposes of the Court’s decision on the legal issue of which statutory provision authorizes
Petitioner’s detention.” Id. at 2-3. However, Respondents maintain that Petitioner is an applicant
for admission seeking admission subject to mandatory detention under 8 U.S.C. § 1225(b). Id. at
2.
The Court finds that the facts of this case are materially indistinguishable from prior cases
the Undersigned Judge has decided involving habeas petitioners who were detained within the
United States, rather than at a border crossing or port of entry, and adopts the findings contained
in its Order Granting the Petition for Writ of Habeas Corpus in Lopez-Romero v. Lyons, Case No.
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2:25-cv-0113-MIS-JHR, 2026 WL 92873 (D.N.M. Jan. 13, 2026). Briefly, the Court finds that 8
U.S.C. § 1226(a) governs Petitioner’s detention, his continued detention without a bond hearing
violates his Fifth Amendment right to due process, and, as such, he is entitled to habeas relief. The
Court further finds that Respondents failed to articulate a legitimate interest in Petitioner’s
continued detention and therefore orders his immediate release. See generally Resp., ECF No. 6.
The Court further orders that Petitioner shall not be re-detained without a pre-deprivation bond
hearing before a neutral Immigration Judge pursuant to 8 U.S.C. § 1226(a), at which the
Government must prove by clear and convincing evidence that Petitioner is a danger or flight risk.
Finally, the Court retains jurisdiction to ensure compliance with its Order.
Therefore, it is HEREBY ORDERED that:
1. The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED;
2. Respondents are ORDERED to immediately release Petitioner Javier Mata-Vega
from custody/detention;
3. Respondents SHALL return all of Petitioner’s personal belongings to Petitioner;
4. Respondents SHALL NOT re-detain Petitioner without a pre-deprivation hearing
before a neutral Immigration Judge pursuant to 8 U.S.C. § 1226(a), at which the
Government must prove by clear and convincing evidence that Petitioner is a
danger or flight risk; and
5. The Court will separately enter Final Judgment in favor of Petitioner but retain
jurisdiction over this matter to ensure compliance with this Order.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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