Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RICHARD JESUS HERNANDEZ TOUSSAINT
Petitioner,
v.
Case No. 2:26-cv-01088-MIS-DLM
MARKWAYNE MULLIN, Secretary of the
U.S. 	Department 	of 	Homeland 	Security;
TODD BLANCHE, Acting Attorney General
of the United States; TODD M. LYONS,
Acting Director of U.S. Immigration and
Customs Enforcement; MARISA FLORES,
El 	Paso 	ICE 	Field 	Office 	Director,
Enforcement and Removal Operations; and
DORA CASTRO, Warden of Otero County
Processing Center, in their official capacities,
Respondents,
ORDER TO SHOW CAUSE AND ENJOINING TRANSFER
This matter is before the Court on the Verified Petition for Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2241 (“Petition”) filed by Richard Jesus Hernandez Toussaint on April 9, 2026.
ECF No. 1. Petitioner is an immigration detainee at the Otero County Processing Center. Id. ¶ 1.
Petitioner, a citizen of Venezuela, entered the United States without inspection on May 3, 2023.
Id. ¶¶ 46, 47. Petitioner was encountered shortly afterwards and was processed and released on his
own recognizance under 8 U.S.C. § 1182(d)(5). Id. ¶ 46. Petitioner has lived in the United States
since that time and has a pending application for asylum. Id. ¶ 48. Petitioner was detained by ICE
on March 24, 2026 after federal authorities raided the data center at which he worked as part of an
investigation into the owners of the data center. Id. ¶ 49. Petitioner is being detained pursuant to 8
U.S.C. § 1225(b)(2). Id. ¶ 3. He seeks an order enjoining transfer during the pendency of the
Petitioner, an order to show cause, and immediate release from custody or, alternatively, a bond
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hearing within five (5) days at which the government bears the burden of proof. Id. at 14-15.
Having reviewed the record, the Petition may raise a colorable claim for relief. The Clerk’s
Office served Respondents with the Petition and added them as notice-recipients via CM/ECF,
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. 2 (D.N.M. Jan. 28,
2026). ECF No. 2.
Within ten (10) business days of entry of this Order, the United States Attorney’s Office
(“USAO”) shall respond to the Petition and show cause why the requested relief should not be
granted. The USAO’s answer MUST specify whether the Court has already ruled on the legal
issue(s) in this case and, if so, whether the facts are distinguishable from prior rulings. See, e.g.,
Lopez-Romero v. Lyons, Case No. 2:25-cv-0113-MIS-JHR, 2026 WL 92873 (D.N.M. Jan. 13,
2026) (finding that 8 U.S.C. § 1226(a) governed the petitioner’s detention and that his continued
detention violated his Fifth Amendment due process rights). If the federal Respondents fail to
timely comply with this Order, the Court may grant the relief requested in the Petition
without further notice.
If Petitioner wishes to file a reply brief, he may do so within ten (10) days after
Respondents’ response is filed.
IT IS FURTHER ORDERED that to preserve the status quo in the interim, Respondents
are ENJOINED from transferring Petitioner to any facility outside the District of New Mexico
and/or from removing him from the United States during the pendency of this habeas action, absent
a final order of removal.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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