Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
HENRY ORLANDO SAIGUA CARVAJAL,
Petitioner,
v. 	No. 2:26-cv-3307-SMD-JMR
LUNA COUNTY DETENTION CENTER, et al.,
Respondents.
ORDER TO SHOW CAUSE
Before the Court is Petitioner’s Petition for a Writ of Habeas Corpus Under 28 U.S.C.
§ 2241 (Doc. 1) (Petition), filed October 2, 2026. 	Petitioner is in custody at the Luna County
Detention Center in Deming, New Mexico and is proceeding pro se. 	He challenges his custody
by Immigration and Customs Enforcement (ICE) and seeks release or a custody hearing. 	(Doc. 1)
at 7. 	However, it appears Petitioner is in custody pursuant to criminal charges in Case No. 2:26-
MJ-5060-KRS, and is not in immigration detention. 	See CR Doc. 1, filed in Case No. 2:26-MJ-
5060-KRS (Criminal Complaint dated September 22, 2026, noting arrest for reentry after
deportation in violation of 8 U.S.C. 1326(a)). 	The criminal docket further reflects that on
September 29, 2026, Petitioner was ordered to remain in custody pending trial. 	See CR Doc. 8,
filed in Case No. 2:26-MJ-5060-KRS (Order of Detention Pending Trial).
Based on the foregoing, it appears the proper avenue for Petitioner to challenge his
detention is his pending criminal case. 	See Medina v. Choate, 875 F.3d 1025, 1026 (10th Cir.
2017) (explaining federal pre-trial detainees usually must exhaust other available remedies before
seeking habeas corpus relief under § 2241, stating “§ 2241 is not a proper avenue of relief for
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federal prisoners awaiting federal trial”); see also Thompson v. Robinson, 565 F. App’x 738, 739
(10th Cir. 2014) (holding that claims relating to pre-trial detainee’s pending federal criminal case
must be exhausted in the criminal action, or on appeal after conviction, and not in a habeas
petition). 	The Court will therefore order Petitioner to show cause within 21 days why the Petition
should not be dismissed. 	The failure to timely comply with this Order may result in dismissal of
this case without prejudice and without further notice.
IT IS THEREFORE ORDERED that within 21 days of entry of this Order Petitioner
must show cause why his Petition should not be dismissed without prejudice.
________________________________
SARAH M. DAVENPORT
UNITED STATES DISTRICT JUDGE
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