Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALI YILDIZ,
Petitioner,
v. No. 2:26-cv-00178-KG-DLM
WARDEN OF OTERO COUNTY
PROCESSING CENTER,
Respondent.
ORDER DISMISSING PETITION WITH LEAVE TO AMEND
This matter is before the Court on the Government’s motion to dismiss for failure to name
the correct parties, Doc. 4. Petitioner responded to the motion, Doc. 7, on February 17, 2026.
Petitioner failed to name any federal government actor as a party to this suit, naming only
the warden of Otero County Processing Center as a respondent. See Doc. 2 at 1. Because the
“warden is not a federal employee” and “the warden does not have authority to release Petitioner,”
the Petition is improper. Doc. 4 at 1; see generally 28 U.S.C. § 2242 (Petition must allege name of
person who has custody over him “and by virtue of what claim or authority.”).
The Government’s motion to dismiss, Doc. 4, is granted. Petitioner may amend within 10
days of this order. See Fed. R. Civ. P. 15(a)(2); see also 28 U.S.C. § 2242 (“It may be amended or
supplemented as provided in the rules of procedure applicable to civil actions.”).
IT IS SO ORDERED.
/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.
Case 2:26-cv-00178-KG-DLM Document 8 Filed 02/23/26 Page 1 of 1