Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SERGIO ANTONIO HERNANDEZ BAUTISTA,
Petitioner,
v.
Case No. 2:26-cv-01318-MIS-JMR
DORA CASTRO, Warden of Otero County
Processing Center; MARY DE ANDA-
YBARRA, Field Office Director of
Enforcement and Removal Operations, El
Paso Field Office, Immigration and Customs
Enforcement; MARKWAYNE MULLIN,
Secretary of the U.S. Department of
Homeland Security; and TODD BLANCHE,
Acting United States Attorney General,
Respondents.
ORDER TO SHOW CAUSE AND ENJOINING TRANSFER
This matter is before the Court on the Verified Petition for Writ of Habeas (“Petition”),
filed by Sergio Antonio Hernandez Bautista on April 27, 2026. ECF No. 1. Petitioner is an
immigration detainee at the Otero County Processing Center. Id. ¶ 10. Petitioner is a citizen of
Mexico, see Pet. Ex. 1 at 5, ECF No. 1-1, who entered the United States in 2000, id. ¶ 4. Petitioner
is married with two U.S. citizen children. Id. ¶ 16. Petitioner has been arrested “for driving without
a license and insurance and later was charged for not appearing in court.” Id. ¶ 30.a. Petitioner was
detained on February 2, 2026, while at work. Id. ¶ 7.
Petitioner is in detention under 8 U.S.C. § 1225(b)(2)(A), id. ¶ 8, and has not received a
bond hearing, id. at 1. Petitioner is in removal proceedings and has applied for cancellation of
removal under 8 U.S.C. § 1229b(b). Id. ¶¶ 11, 13. Petitioner is challenging “the constitutional
application of [8 U.S.C. § 1225(b)(2)(A)] to Petitioner's specific circumstances.” Id. at 2. Petitioner
believes “the trajectory of his case makes clear he will be detained far beyond the six-month
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presumptively reasonable period absent intervention by this Court.” Id. ¶ 27.
Petitioner seeks a declaration that his “continued detention violates the Fifth Amendment
to the United States Constitution” and immediate release “subject to reasonable conditions of
supervision” or, alternatively, a bond hearing within seven (7) days, and “a stay of removal
proceedings.” Id. at 11-12. Petitioner has also filed a Motion for Order to Show Cause. ECF No.
2.
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. 4.
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
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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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