Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GUANGHUI ZHAO,
Petitioner,
v.
Case No. 2:26-cv-00079-MIS-JMR
DORA CASTRO, in her official capacity of Warden,
Otero County Processing Center; JOEL GARCIA, in
his official capacity as Field Office Director of El
Paso, Immigration and Customs Enforcement;
KRISTI NOEM, in her official capacity as Secretary
of the U.S. Department of Homeland Security;
PAMELA BONDI, in her official capacity as
Attorney General of the United States; and
EXECUTIVE OFFICE OF IMMIGRATION
REVIEW,
Respondents.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on Petitioner Guanghui Zhao’s Petition for Writ of
Habeas Corpus (“Petition”), ECF No. 1, filed January 16, 2026. The same day, January 16, 2026,
the Court issued an Order Directing Service and Order to Show Cause (“Order”), ECF No. 3,
which instructed Petitioner to serve the Petition and Order “on each of the individual Respondents
pursuant to the Federal Rules of Civil Procedure.” Order at 1. The Order further instructs that
“Respondents shall respond to the Petition and SHOW CAUSE why the Petition shall not be
granted within three (3) days of service of the Petition.” Id. at 2.
On January 22, 2026, Petitioner filed Proof of Service reflecting that each Respondent was
served via Certified Mail on January 20, 2026. ECF No. 5-1. To date, no Respondent has filed a
response or otherwise shown cause why the Petition should not be granted. Consequently, the
Court will treat the Petition as uncontested and grant the Petition.
Case 2:26-cv-00079-MIS-JMR Document 6 Filed 01/29/26 Page 1 of 2

2
Additionally, and alternatively, the Court has carefully reviewed the Petition and, accepting
the facts as true, uncontested, and supported by the exhibits attached to the Petition, the Court finds
that relief should be granted on the merits for the reasons articulated by this Court in Lopez-
Romero v. Lyons, Case No. 2:25-cv-01113-MIS-JHR, 2026 WL 92873 (D.N.M. Jan. 13, 2026).
Therefore, it is HEREBY ORDERED that:
1. The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED;
2. Respondents are ORDERED to provide Petitioner with an individualized bond
hearing before a neutral Immigration Judge pursuant to 8 U.S.C. § 1226(a) within
seven days of the date of this Order, at which the Government must prove by clear
and convincing evidence that Petitioner poses a flight risk or danger to the
community. If the Government fails to meet its burden, bond shall be set at an
amount Petitioner can reasonably afford;
3. If Petitioner has not received a bond hearing by 3:00 pm on February 5, 2026, he
shall be immediately released and 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; and
4. The Court will separately enter Final Judgment in favor of Petitioner but retain
jurisdiction over this matter.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
Case 2:26-cv-00079-MIS-JMR Document 6 Filed 01/29/26 Page 2 of 2