Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ISKANDAR HAKIMOV,
Petitioner,
v. No. 2:26-cv-00558-KG-GBW
TODD M. LYONS, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Iskandar Hakimov’s Petition for a Writ of Habeas
Corpus, Doc. 1, and the Government’s Response, Doc. 9. For the reasons below, the Court
grants the petition and orders Mr. Hakimov’s immediate release.
I. Background
Mr. Hakimov, a native and citizen of Uzbekistan, entered the United States without
inspection or parole on December 21, 2024. Doc. 9 at 1. He was arrested by the United States
Border Patrol on the same day. Id. On April 10, 2025, he was transferred to the Torrance
County Detention Facility in New Mexico, where he remains detained. Id. at 3. On October 28,
2025, an immigration judge (“IJ”) ordered Petitioner removed from the United States but
withheld removal to Uzbekistan. Id. Both parties waived appeal, so the removal order is
administratively final. Id.
Petitioner filed this action on February 25, 2026. Doc. 1. He argues that his prolonged
detention violates 8 U.S.C. § 1231(a)(6) and the Due Process Clause of the Fifth Amendment
because his removal is not reasonably foreseeable. Id. at 23. He requests immediate release
from custody under the least restrictive conditions of supervision. Id. at 24. The Government
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opposes the petition, arguing that Petitioner has not “provided good reason to believe that there is
no significant likelihood of removal in the reasonably foreseeable future.” Doc. 9 at 10. The
Government attached a declaration from ICE that, as of March 5, 2026, “they are in
communication with the Department of State regarding charter flights to effectuate 3rd country
removals of aliens from central Asian countries.” Id. at 26.
II. Legal Standard
A petition for a writ of habeas corpus seeks “release from unlawful physical
confinement.” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973). Habeas corpus review is
available under § 2241 if a noncitizen’s detention “violat[es] the Constitution or laws or treaties
of the United States.” 28 U.S.C. § 2241(c)(3); see Zadvydas v. Davis, 533 U.S. 678, 687 (2001).
“[T]he Government ordinarily secures [a noncitizen]’s removal during” the 90 days after
issuing a final order for the person to be removed. Zadvydas, 533 U.S. at 682; see 8 U.S.C.
§ 1231(a)(1). During that 90-day “removal period,” the noncitizen is typically detained.
Zadvydas, 533 U.S. at 682. After that, the Government may continue detaining the noncitizen
for as long as is “reasonably necessary” to secure their removal. Id.; 8 U.S.C. § 1231(a)(6).
Because a statute permitting “indefinite detention of” a noncitizen “would raise” Fifth
Amendment due process concerns, “once removal is no longer reasonably foreseeable, continued
detention is no longer authorized.” Zadvydas, 533 U.S. at 690, 699. A six-month detention
period is presumptively reasonable. Id. After that, if the noncitizen “provides good reason to
believe that there is no significant likelihood of removal in the reasonably foreseeable future,”
the Government “must…rebut that showing” or release the noncitizen. Id. at 701. “[F]or
detention to remain reasonable, as the period of prior postremoval confinement grows, what
counts as the reasonably foreseeable future…shrink[s].” Id. The remedy for a Zadvydas claim is
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generally release of the petitioner under conditions of supervision. E.g., Gomez v. Mattos, 2025
WL 3101994, at *7 (D. Nev.); Trejo v. Warden of ERO, 2025 WL 2992187, at *10 (W.D. Tex.);
Douglas v. Baker, 2025 WL 2997585, at *5 (D. Md.).
III. Analysis
To start, Petitioner has demonstrated that his removal is not reasonably foreseeable. ICE
has detained him for more than six months since his removal order was finalized on October 28.
2025, exceeding Zadvydas’ six-month presumptively reasonable period. Doc. 9 at 3. An IJ
granted withholding of removal to Uzbekistan, his country of citizenship, and ICE has not yet
identified any country that has agreed to accept Petitioner. Doc. 9 at 10. As a result, the burden
shifts to the Government to show that removal in the foreseeable future is likely.
The Government fails to meet its burden. ICE began to communicate with the
Department of State about Petitioner’s removal on March 5, 2026. Doc. 9 at 26. ICE’s
“communication with the Department of State” has remained unanswered for over two months.
Id. The Government has not shown any other progress. For instance, the Government has not
provided the Court with either a timeline or even the name of a country willing to accept
Petitioner. See Momennia v. Bondi, 2025 WL 3011896, at *10 (W.D. Okla.) (“[M]ere intent to
find a third country,” absent “specific communications between the United States and an
identified country” is “too speculative to permit indefinite detention”), R&R adopted, 2025 WL
3006045 (W.D. Okla.); Vargas v. Noem, 2025 WL 2770679, at *3 (D. Kan.) (same). Allowing
the Government unlimited time to coordinate between agencies would result in Petitioner’s
indefinite detention, impermissible under our Constitution.
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IV. Conclusion
The Court grants the habeas petition, Doc. 1, and orders the Government to release
Petitioner from custody within 24 hours of this Order under reasonable terms of supervision set
forth in 8 U.S.C. § 1231(a)(3). The Government shall file on the docket a declaration under 28
U.S.C. § 1746 affirming compliance with this Order.
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.
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