Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SALVADOR RAYMUNDO MATEO
FRANCISCO,
Petitioner,
v. No. 1:25-cv-1229 MIS-GJF
GEORGE DEDOS, in his official capacity as
Warden, Cibola County Correctional Facility,
MARY DE ANDA-YBARRA, in her official
capacity as Field Office, Enforcement and
Removal Operations, U.S. Immigration and
Customs Enforcement, TODD LYONS, in
his official capacity as Acting Director of
U.S. Immigration and Customs Enforcement,
and KRISTI NOEM, in her official capacity
as U.S. Secretary of Homeland Security,
Respondents.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
United States Magistrate Judge Gregory Fouratt filed a Proposed Findings and
Recommended Disposition (“PFRD”) on January 20, 2026, in which he recommended the
following:
1. The Verified Petition for Writ of Habeas Corpus and Complaint
(Dkt. No. 1) should be GRANTED as to the second and fourth
claims.
2. The Verified Petition for Writ of Habeas Corpus and Complaint
(Dkt. No. 1) should be DENIED AS MOOT as to the first, third,
and fifth claims.
3. Petitioner’s Notice of Motion for Temporary Restraining Order and
Preliminary Injunction (Dkt. No. 3) should be DENIED AS
MOOT, given that full relief should be awarded on the second and
fourth claims for relief in the Petition.
4. The Court should declare that Petitioner’s detention for over 60
days without a bond hearing violates the INA and his procedural due
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process rights under the Due Process Clause of the Fifth
Amendment.
5. The Court should order that Petitioner remain released from custody
without restraints beyond those that existed before his unlawful
detention.
6. The Court should enjoin Respondents from re-detaining Petitioner –
absent evidence that Petitioner has committed a crime or absconded
in his administrative immigration proceedings – without first
providing notice and a pre-deprivation hearing before a neutral
tribunal where the government bears the burden of justifying re-
detention by clear and convincing evidence.
7. The Court should retain jurisdiction over this matter to decide any
future motion for an award of reasonable attorney’s fees and costs
under the EAJA.
PFRD at 28, Dkt. No. 53.
The PFRD provides the Parties fourteen days to file objections. Id. at 28-29. To date, no
objections have been filed. The failure to make timely objections to a Magistrate Judge’s PFRD
waives appellate review of both factual and legal questions. United States v. 2121 East 30th Street,
73 F.3d 1057, 1059 (10th Cir. 1996).
Therefore, it is HEREBY ORDERED that:
1. Petitioner Salvador Raymundo Mateo Francisco’s Verified Petition for Writ of
Habeas Corpus, Dkt. No. 1, is GRANTED IN PART AND DENIED AS MOOT
IN PART consistent with the PFRD—and specifically, it is GRANTED as to the
second and fourth claims, and DENIED AS MOOT as to the first, third, and fifth
claims;
2. Petitioner’s Notice of Motion for Temporary Restraining Order and Preliminary
Injunction, Dkt. No. 3, is DENIED AS MOOT;
3. Respondents are ORDERED to immediately release Petitioner from detention;
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4. Respondents SHALL NOT re-detain Petitioner—absent evidence that Petitioner
has committed a crime or absconded in his administrative immigration
proceedings—without a pre-deprivation hearing before a neutral tribunal at which
the government bears the burden of justifying re-detention by clear and convincing
evidence; and
5. The Court will separately enter Final Judgment in favor of Petitioner but retain
jurisdiction over this matter to ensure compliance with this Order and to entertain
any motions for attorneys’ fees.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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