Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MOHAMMAD SAEED AMJADIYAN,
Petitioner,
v. No. 2:26-cv-0219 KG/KRS
DORA CASTRO, WARDEN, Otero County Processing Center;
MARY DE ANDA-YBARRA, Field Officer Director of
Enforcement and Removal Operations, El Paso
Field Office, Immigration and Customs
Enforcement; KRISTI NOEM, Secretary, U.S. Department
Of Homeland Security; and PAMELA BONDI,
U.S. Attorney General,
Respondents,1
ORDER TO ANSWER AND GRANTING MOTION TO PROCEED IN FORMA PAUPERIS
Before the Court is Petitioner Mohammad Saeed Amjadiyan’s pro se Petition for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) (Petition), filed on January 30, 2026.
Petitioner is a citizen of Iran and challenges his detention in Immigration and Customs
Enforcement (ICE) custody at the Otero County Processing Center in New Mexico. 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
1 The Petition lists the Warden as a party Respondent. 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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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.
Petitioner states that he has been in ICE custody since June 23, 2025. (Doc. 1) at 1. He
further states that on November 5, 2025, an immigration judge entered an order denying asylum
and granting a withholding of removal under the Convention Against Torture. Id. at 2 and 9-12
(Order of the Immigration Judge). Petitioner filed an appeal of the Order on November 17,
2025 with the Bureau of Immigration Appeals, which is pending. Id. at 2. Petitioner seeks
release from immigration detention. Id. at 7.
Having conducted an initial review of the Petition, the Court will order Respondents to
answer the Petition (Doc. 1). The Clerk of Court 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. The United States Attorney’s
Office must answer the Petition within ten (10) business days of entry of this Order. 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.
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. If Petitioner wishes to file an optional reply, he must do so
within ten (10) business days after Respondents’ response is filed; and
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3. 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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