Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
__________________________
MAURICIO JOSE RIZO GOMEZ,
Petitioner,
v. 	No. 26-cv-1147-KWR-JFR
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
MEMORANDUM OPINION AND ORDER DISMISSING
DUPLICATE HABEAS FILING
This matter is before the Court on Petitioner Mauricio Jose Rizo Gomez’ duplicate
habeas filing under 28 U.S.C. § 2241 (Doc. 1), filed April 13, 2026. 	Petitioner is a citizen of
Nicaragua and challenges his immigration custody at the Otero County Processing Center in New
Mexico. 	(Doc. 1) at 10. 	Petitioner has already filed a pro se 28 U.S.C. § 2241 petition in this
Court challenging his immigration custody, and the matter is pending before the Hon. Sarah
Davenport. 	See Mauricio J. Rizo Gomez v. Bondi, et al., 2:26-cv-905-SMD-JHR, Petition filed
March 25, 2026.
Petitioner cannot prosecute two concurrent § 2241 proceedings at the same time. 	See
Katz v. Gerardi, 655 F.3d 1212, 1217 (10th Cir. 2011) (“The rule against claim-splitting requires
a [litigant] to assert all of [his] causes of action arising from a common set of facts in one
lawsuit”); Ogden v. Stephenson, 2023 WL 5805597, at *2 (D.N.M. Sept. 7, 2023) (a petitioner is
not permitted to “prosecute two concurrent § 2241 petitions at the same time”). 	Because
Petitioner may not challenge his immigration detention in two separate cases, the Court will
dismiss this duplicate § 2241 case and direct the Clerk’s Office to file his Petition (Doc. 1) in
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Case No. 2:26-cv-905-SMD-JHR as a “Proposed Amended Petition.” 	See Katz, 655 F.3d at 1217
(“District Courts have discretion to control their dockets by dismissing duplicative cases.”);
McNeese v. Anderson, 2025 WL 2673993, at *2 (10th Cir. Sept. 18, 2025) (affirming “district
court’s dismissal of a case as … duplicative” and noting that courts are “accorded a great deal of
latitude 	and 	discretion” 	in 	such 	matters); 	Horbenko 	v. 	Lyons, 	26-cv-0751-KWR-DLM
(dismissing duplicate § 2241 immigration petition); Anis v. Bondi, 26-cv-0865-KG-DLM (same);
Leon-Chapa v. Janecka, 26-cv-1060-MIS-GBW (same); Izquierdo v. FNU LNU, 26cv1117
SMD/JHR (same). 	To the extent Petitioner seeks to raise additional claims regarding his
immigration custody, he must do so in his pending § 2241 proceeding. 	The Court will dismiss
the instant pro se Petition without prejudice, and Petitioner may continue to prosecute his § 2241
claims in Mauricio J. Rizo Gomez v. Bondi, et al., 2:26-cv-905-SMD-JHR.
IT IS THEREFORE ORDERED that the pro se Petition for Writ of Habeas Corpus
Under 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without prejudice as duplicative; Petitioner’s
Motion to Proceed In Forma Pauperis (Doc. 3) is DENIED as moot; the Clerk’s Office shall
FILE the Petition (Doc. 1) as a proposed amended petition in Case No. 2:26-cv-905-SMD-JHR;
and the Court will enter a separate judgment closing this civil habeas case.
____/S/_____________________________
HON. KEA RIGGS
UNITED STATES DISTRICT JUDGE
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