Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GRACIA ALEJO-NAVARRO,
Petitioner,
vs. 	No. CIV 26-0058 JB/KRS
WARDEN, in his or her official capacity as
Warden of the Otero County Processing
Center; MARY DE ANDA-YBARRA, in her
official capacity as Field Office Director of the ICE
El Paso Field Office of Enforcement and
Removal Operations, U.S. Immigration and
Customs Enforcement; U.S. Department of
Homeland Security; TODD M. LYONS, in his
official capacity as Acting Director, Immigration
and Customs Enforcement, U.S. Department of
Homeland Security; KRISTI NOEM, in her
official capacity as Secretary, U.S. Department of
Homeland Security; and PAMELA JO BONDI, in
her official capacity as Attorney General of the
United States,
Respondents.
MEMORANDUM OPINION AND ORDER OF VOLUNTARY DISMISSAL
THIS MATTER comes before the Court on the Petitioner’s Notice of Voluntary Dismissal
under FRCP 41(a)(1), filed March 16, 2026 (Doc. 16)(“Notice”). Pursuant to rule 41(a)(1)(A)(i)
of the Federal Rules of Civil Procedure, a party may “dismiss an action without a court order by
filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for
summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(1). 	See also § 2254 Habeas Rules, Rule 12
(providing that the court may apply the Federal Rules of Civil Procedure to the extent they are not
inconsistent with the habeas rules). The Respondents have not yet filed an answer in this action
and, therefore, the Court will accept the Notice pursuant to rule 41(a)(1)(A)(1). Because there are
no more claims before the Court, the Court enters Final Judgment.
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IT IS ORDERED that: (i) the Petitioner’s Petition for a Writ of Habeas Corpus under 28
U.S.C. 2241, filed January 15, 2026 (Doc. 4), is voluntarily dismissed without prejudice; and (ii)
Final Judgment will be entered.
________________________________
UNITED STATES DISTRICT JUDGE
Counsel:
Barri Martinez
Roy Petty & Associates, PLLC
Dallas, Texas
Attorneys for Petitioner
Allison Shokes
Assistant United States Attorneys
United States Attorney’s Office
Albuquerque, New Mexico
Attorneys for Respondents Mary De Anda-Ybarra, Todd M. Lyons, Kristi Noem, and
Pamela Jo Bondi
Case 2:26-cv-00058-JB-KRS Document 17 Filed 03/30/26 Page 2 of 2