Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BALJINDER SINGH,
Petitioner,
v. No. 1:26-cv-0541 KG/GBW
PAMELA BONDI, Attorney General of the United States;
KRISTI NOEM, Secretary, Department of Homeland Security;
MARY DE ANDA-YBARRA, El Paso Field Office Director,
Immigration and Customs Enforcement; TODD LYONS,
Acting Director of Immigration and Customs Enforcement; and
WARDEN, Torrance County Detention Facility,
Respondents.1
ORDER TO ANSWER AND GRANTING MOTION TO PROCEED IN FORMA PAUPERIS
Before the Court is Petitioner Baljinder Singh’s pro se Petition for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) (Petition), filed on February 24, 2026. Petitioner
is detained at the Torance County Detention Facility in Estancia, New Mexico, and challenges
his detention in Immigration and Customs Enforcement (ICE) custody. Also before the Court is
Petitioner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. (Doc. 2)
(IFP Motion). It appears Petitioner is unable to prepay the $5.00 habeas filing fee. The Court
will grant the IFP Motion pursuant to 28 U.S.C. § 1915(b)(4) and Petitioner shall be excused
from prepaying the filing fee.
1 The pro se Petition names the Warden as Respondent, which is standard in non-immigration
cases. The Court adds the above-mentioned parties as additional Respondents in this case. See
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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Petitioner states that on January 10, 2026, was taken from a gas station by ICE without a
warrant and without explanation. (Doc. 1) at 9-10. He states that his asylum and removal
proceedings are pending, and he has not provided a bond or custody redetermination. Id. at 2-6.
Petitioner further states he suffers from serious medical conditions and is not receiving proper
medical treatment, and at the time of his detention he possessed valid employment authorization,
a Social Security number, and had complied with U.S. laws. Id. at 10. Petitioner seeks release
from immigration detention. Id. at 7.
Having conducted an initial review of the Petition, the Court finds the alleged facts raise a
colorable claim for relief. See Garcia Sanchez v. Noem, et al., 25-cv-1219 KG/JFR (concluding
petitioner was detained pursuant to 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225, and ordering
Respondents to provide a bond hearing); Pu Sacvin v. De Anda-Ybarra, 2025 WL 3187432, at *3
(D.N.M.) (Gonzales, J.) (same); Danierov v. Noem, 2026 WL 45288, at *2 (D.N.M.) (Gonzales,
J.) (same). The Clerk’s Office has electronically served a copy of the petition in this matter on
all federal respondents by Notice of Electronic Filing (NEF) using the Case Management and
Electronic Case Filing (CM/ECF) system. See (Doc. 3). The United States Attorney’s Office
(USAO) shall answer the Petition within ten (10) business days of entry of this Order and show
cause why the requested relief should not be granted. See Habeas Rules 1(b), 4 (courts have
discretion to set a time for respondents to answer a habeas petition). Petitioner may file an
optional reply within ten (10) 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.
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IT IS THEREFORE ORDERED that:
1. Petitioner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(Doc. 2) is GRANTED;
2. The United States Attorney’s Office must answer the Petition within ten (10) business
days of entry of this Order and show cause why the requested relief should not be
granted;
3. If Petitioner wishes to file an optional reply, he must do so within ten (10) business days
after Respondents’ response is filed; and
4. The Clerk’s Office shall add the additional party Respondents set forth in the caption of
this Order to the docket of this case.
/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.
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