2:26-cv-00137•Case Name in Immigration Case - Unavailable
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MARY LEONOR CHILIQUINGA SIGCHO, Petitioner, v. Case No. 2:26-cv-00137-MIS-JFR DORA CASTRO, Warden, Otero County Processing Center; MARY DE ANDA YBARRA, Field Office Director, El Paso Field Office, United States Immigration and Customs Enforcement; TODD M. LYONS, Acting Director, United States Immigration and Customs Enforcement; KRISTI NOEM, Secretary of Homeland Security; and PAMELA BONDI, United States Attorney General, in their official capacities, Respondents. ORDER GRANTING VERIFIED PETITION FOR WRIT OF HABEAS CORPUS THIS MATTER is before the Court on Petitioner Mary Leonor Chiliquinga Sigcho’s Verified Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (“Petition”), ECF No. 2, filed January 23, 2026. On February 3, 2026, the Clerk’s Office served Respondents with the Petition pursuant to this District’s Standing Order Regarding Service of Process in Immigration Habeas Petitions filed Pursuant to 28 U.S.C. § 2241, Case 1:26-mc-00004, ECF No. 3 (D.N.M. Jan. 28, 2026). ECF No. 6. On February 4, 2026, the Court issued an Order to Show Cause, ECF No. 7, which instructs that Respondents “shall respond to the Petition and SHOW CAUSE why the requested relief should not be granted” within ten business days. Id. at 1. The Order reminds Respondents “that this Court has already decided the issues presented by the Petition and granted the relief Petitioner requests here.” Id. (citing Lopez-Romero v. Lyons, 2:25-cv-01113-MIS-JHR, 2026 WL 92873 Case 2:26-cv-00137-MIS-JFR Document 11 Filed 02/20/26 Page 1 of 3
2 (D.N.M. Jan. 13, 2026); Singh v. Noem, Case No. 1:25-cv-01266-MIS-KRS, 2026 WL 242249 (D.N.M. Jan. 29, 2026); Intriago-Sedgwick v. Noem, No. 1:25-cv-01065-MIS-LF, 2025 WL 3688155 (D.N.M. Dec. 19, 2025), report and recommendation adopted No. 1:25-cv-01065-MIS- LF, ECF No. 27 (D.N.M. Jan. 6, 2026); Order Granting Petition for Writ of Habeas Corpus, Duhan v. Noem, Case No. 2:26-cv-00019-MIS-JFR (D.N.M. Feb. 2, 2026); Order Granting Petition for Writ of Habeas Corpus, Zhao v. Castro, Case No. 2:26-cv-00079-MIS-JMR (D.N.M. Jan. 20, 2026)). On February 19, 2026, the Federal Respondents filed a Response to the Petition. ECF No. 10. Therein, counsel for Respondents acknowledges that the facts of this case are “substantially similar” to other cases this Court has decided, and that “this Court’s prior decisions would control the result here, assuming the Court adheres to those decisions, because the facts here are not materially distinguishable for purposes of the Court’s decision.” Resp. at 3-4. Counsel did not distinguish this case from other cases involving the detention of noncitizens already present in the United States—as opposed to noncitizens detained at a border crossing or port of entry—but argued that Petitioner is an applicant for admission seeking admission subject to mandatory detention under 8 U.S.C. § 1225(b). Id. at 3. 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. 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, her continued detention without a bond hearing violates her Fifth Amendment right to due process, and, as such, she is entitled to habeas relief. The Court further finds that Respondents failed to articulate a legitimate interest in Petitioner’s Case 2:26-cv-00137-MIS-JFR Document 11 Filed 02/20/26 Page 2 of 3
3 continued detention and therefore orders her immediate release. See generally Resp., ECF No. 10. 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 and to entertain any motions for attorneys’ fees. Therefore, it is HEREBY ORDERED that: 1. The Verified Petition for Writ of Habeas Corpus, ECF No. 2, is GRANTED; 2. Respondents are ORDERED to immediately release Petitioner Mary Leonor Chiliquinga Sigcho from custody/detention without restraings beyond those that existed before her unlawful detention; 3. 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; 4. Counsel for Federal Respondents is ORDERED to provide a copy of this order to Counsel for the Warden of the Otero County Detention Center forthwith; 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 and to entertain any motions for attorneys’ fees. …………………………………………. MARGARET STRICKLAND UNITED STATES DISTRICT JUDGE Case 2:26-cv-00137-MIS-JFR Document 11 Filed 02/20/26 Page 3 of 3
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