Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
FABINSON JIMENEZ GALVAN,
Petitioner,
v. Civ. No. 26-1022-KG-GJF
WARDEN, Otero County Processing Center,
MARY DE ANDA-YBARRA, Field Office Director of
Enforcement and Removal Operations, El Paso
Field Office, Immigration and Customs
Enforcement; TODD LYONS, Acting Director
Immigration and Customs Enforcement;
MARKWAYNE MULLIN, U.S. Department
Of Homeland Security; AND U.S. Attorney General,
Respondents,1
ORDER TO ANSWER
This matter is before the Court on the Petition for Writ of Habeas Corpus Under 28
U.S.C. § 2241 (Doc. 1) (Petition). Petitioner is an immigration detainee at the Otero County
Processing Center and is proceeding pro se. He seeks a release from custody or an adequate
bond hearing. Accepting the facts as true, the Petition is not subject to summary dismissal.
The Clerk’s Office has electronically served Respondents by Notice of Electronic Filing (NEF)
using the Case Management and Electronic Case Filing (CM/ECF) system. The Court will set a
briefing schedule, as set forth below. The Court will also grant Petitioner’s Motion to Proceed
In Forma Pauperis (Doc. 2), which reflects he cannot pay the filing fee.
1 The Court will add the above-mentioned parties as Respondents. See Torres-Torres v. Miller, 2020 WL
4430519 (D.N.M. July 31, 2020) (discussing the respondents in an immigration habeas case); 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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2
IT IS ORDERED that:
1. The United States Attorney’s Office must answer the Petition within ten (10) business
days of entry of this Order.
2. If Petitioner wishes to file an optional reply, he must do so within seven (7) business days
after the response is filed.
3. Petitioner’s Motion to Proceed In Forma Pauperis (Doc. 2) is granted.
4. The Clerk’s Office shall update CM/ECF to include the Respondents added by this Order.
/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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