Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSE RODOLFO AGUILAR-OLMEDO,
Petitioner,
v.
Case No. 1:26-cv-00392-MIS-KK
KRISTI NOEM, in her official capacity as
Secretary of the Department of Homeland
Security; PAMELA BONDI, in her official
capacity as Attorney General of the United
States; TODD M. LYONS, in his official
capacity as Acting Director, Immigration and
Customs Enforcement; MARISA FLORES,
in 	her 	official 	capacity 	as 	Field 	Office
Director of the El Paso Field Office of
Enforcement 	and 	Removal 	Operations 	of
U.S. Immigration and Customs Enforcement;
and WARDEN, in his official capacity as
Warden, Torrance County Detention Center,
Respondents.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court on Petitioner Jose Rodolfo Aguilar-Olmedo’s Verified
Petition for a Writ of Habeas Corpus (“Petition”), ECF No. 1, filed February 12, 2026. Petitioner
was arrested outside a Sam’ Club in the Minneapolis, Minnesota area on January 11, 2026. Id. ¶
39. He is currently detained at the Torrance County Detention Center in Estancia, New Mexico.
Id. Petitioner is charged under 8 U.S.C. § 1182(a)(6)(A)(i) as an alien who entered the United
States without admission or inspection. Id. ¶ 2. “Petitioner has lived and worked in the United
States for over 20 years and has two United States citizen children.” Id. ¶ 41.
On February 12, 2026, Petitioner filed the instant Petition challenging his detention under
8 U.S.C. § 1225(b)(2)(A) and asserting that Petitioner is instead subject to 8 U.S.C. § 1226(a) as
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an individual “who previously entered and [is] now residing in the United States.” Id. ¶ 5.
Petitioner requests the Court issue a Show Cause Order, enjoin Respondents from moving
Petitioner outside the District of New Mexico while proceedings are pending, and issue a writ of
habeas corpus requiring that Respondents immediately release him or, alternatively, grant him a
bond hearing pursuant to 8 U.S.C. § 1226(a) within seven days. Id. at 12.
The record reflects that the Clerk’s Office served Respondents with the Petition on
February 12, 2026, 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.
3 (D.N.M. Jan. 28, 2026). ECF No. 2.
IT IS HEREBY ORDERED that within ten (10) business days, the United States
Attorney’s Office for the District of New Mexico shall respond to the Petition and SHOW CAUSE
why the requested relief should not be granted. 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, the
Government is ENJOINED from transferring Petitioner Jose Rodolfo Aguilar-Olmedo from the
District of New Mexico while these proceedings are pending.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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