Daniil v. LNU

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MITEIKO DANIIL,
Petitioner,
v. No. 25-cv-1024-KG-DLM
FNU LNU,
Respondent.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Petitioner Miteiko Daniil’s Letter-Pleading Applying
for Asylum. (Doc. 1) (Letter-Pleading). Petitioner previously lived in Russia. (Doc. 1) at 1. He
left in December of 2024 and travelled through South America and Mexico. Id. The Petition
reflects Petitioner entered the United States on March 23, 2025 by crossing the border at Mexico
and surrendering to soldiers. Id. Petitioner asks the Court to grant him asylum or, alternatively,
help him start the asylum process. Id. at 1, 4.
While the Court can consider challenges to unconstitutional custody and/or potential due
process violations in connection with the asylum process, it lacks jurisdiction to consider an
asylum application in the first instance. See 8 U.S.C. § 1158 (noting the Secretary of Homeland
Security may grant asylum to a noncitizen who applies “in accordance with the requirements and
procedures established” by that agency); 8 C.F.R. § 208.2 (“Immigration judges shall have
exclusive jurisdiction over asylum applications.”). Petitioner may apply for asylum by
submitting a Form I-589 Application for Asylum and for Withholding of Removal. The
application may be defensive, meaning “an individual placed in … removal proceedings may
Case 2:25-cv-01024-KG-DLM Document 2 Filed 01/09/26 Page 1 of 3

2
raise an asylum claim as a defense to removal.” Munoz Materano v. Arteta, 2025 WL 2630826,
at *2 (S.D.N.Y. Sept. 12, 2025). “Individuals seeking asylum must demonstrate that they are
unwilling or unable to return to their nation of origin because of past persecution, or a well-
founded fear of future persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion.” Aydin v. Zeleke, 2025 WL 3499246, at *1 (E.D. Pa.
Dec. 5, 2025) (citing 8 U.S.C. §§ 1101(a)(42)(A), 1158(b)(1)(B)).
The Clerk’s Office will mail Petitioner a copy of the Form I-589 Application for Asylum
and for Withholding of Removal and the official Instructions for Form I-589. Petitioner should
return the completed Form I-589 to the address listed in those materials, rather than to this Court.
For a defensive application, meaning Petitioner wants to seek asylum in response to his removal
proceedings, he should also mail a copy of Form I-589 to the Otero Immigration Court:
Otero Immigration Court
26 McGregor Range Road, Door #1
Chaparral, NM 88081
See https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings#NM
(noting the Otero Immigration Court is the only immigration court in the state of New Mexico).
If Petitioner seeks to challenge his continued immigration detention, he may also file a
separate habeas proceeding under 28 U.S.C. § 2241. Examples of Section 2241 claims include
the failure to provide due process in connection with the asylum process; the failure to provide a
bond hearing, if one is required; and the failure to consider a release from custody where removal
is not reasonably foreseeable. The Clerk’s Office will also mail Petitioner a blank Section 2241
petition. He can return that form to this Court if he wishes to challenge his custody. However,
Petitioner is reminded that he should still file a separate Form I-589 in accordance with the filing
Case 2:25-cv-01024-KG-DLM Document 2 Filed 01/09/26 Page 2 of 3

3
instructions. A Section 2241 petition cannot be filed in this Court in lieu of that application.
Consistent with this authority, and because the Court lacks jurisdiction to grant asylum in
the first instance, the Court will dismiss the Letter-Pleading without prejudice. This dismissal has
no impact on Petitioner’s ability to seek asylum relief with the correct federal authorities or file a
separate Section 2241 proceeding in this Court.
IT IS ORDERED:
1. Petitioner Miteiko Daniil’s Letter-Pleading Applying for Asylum (Doc. 1) is dismissed
without prejudice for lack of jurisdiction.
2. A separate judgment will be entered that closes this civil case.
3. The Clerk’s Office shall mail Petitioner a Form I-589 Application for Asylum and for
Withholding of Removal; the official Instructions for Form I-589; and a blank 28 U.S.C. § 2241
petition.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the
NEF (Notice of Electronic Filing)
accompanying this document. Electronically
filed documents can be found on the Court’s
PACER public access system.
Case 2:25-cv-01024-KG-DLM Document 2 Filed 01/09/26 Page 3 of 3