Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MARY LEONOR CHILIQUINGA SIGCHO,
Petitioner,
v.
Case No. 2:26-cv-00137-MIS-JFR
DORA CASTRO, Warden, Otero County
Processing Center; MARY DE ANDA
YBARRA, Field Office Director, El Paso
Field Office, United States Immigration and
Customs Enforcement; TODD M. LYONS,
Acting Director, United States Immigration
and Customs Enforcement; KRISTI NOEM,
Secretary of Homeland Security; and
PAMELA BONDI, United States Attorney
General, in their official capacities,
Respondents.
ORDER GRANTING VERIFIED PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on Petitioner Mary Leonor Chiliquinga Sigcho’s
Verified Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (“Petition”), ECF No.
2, filed January 23, 2026. On February 3, 2026, the Clerk’s Office served Respondents with the
Petition 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. 6.
On February 4, 2026, the Court issued an Order to Show Cause, ECF No. 7, which instructs
that Respondents “shall respond to the Petition and SHOW CAUSE why the requested relief
should not be granted” within ten business days. Id. at 1. The Order reminds Respondents “that
this Court has already decided the issues presented by the Petition and granted the relief Petitioner
requests here.” Id. (citing Lopez-Romero v. Lyons, 2:25-cv-01113-MIS-JHR, 2026 WL 92873
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(D.N.M. Jan. 13, 2026); Singh v. Noem, Case No. 1:25-cv-01266-MIS-KRS, 2026 WL 242249
(D.N.M. Jan. 29, 2026); Intriago-Sedgwick v. Noem, No. 1:25-cv-01065-MIS-LF, 2025 WL
3688155 (D.N.M. Dec. 19, 2025), report and recommendation adopted No. 1:25-cv-01065-MIS-
LF, ECF No. 27 (D.N.M. Jan. 6, 2026); Order Granting Petition for Writ of Habeas Corpus, Duhan
v. Noem, Case No. 2:26-cv-00019-MIS-JFR (D.N.M. Feb. 2, 2026); Order Granting Petition for Writ
of Habeas Corpus, Zhao v. Castro, Case No. 2:26-cv-00079-MIS-JMR (D.N.M. Jan. 20, 2026)).
On February 19, 2026, the Federal Respondents filed a Response to the Petition. ECF No.
10. Therein, counsel for Respondents acknowledges that the facts of this case are “substantially
similar” to other cases this Court has decided, and that “this Court’s prior decisions would control
the result here, assuming the Court adheres to those decisions, because the facts here are not
materially distinguishable for purposes of the Court’s decision.” Resp. at 3-4. Counsel did not
distinguish this case from other cases involving the detention of noncitizens already present in the
United States—as opposed to noncitizens detained at a border crossing or port of entry—but
argued that Petitioner is an applicant for admission seeking admission subject to mandatory
detention under 8 U.S.C. § 1225(b). Id. at 3.
The Court finds that the facts of this case are materially indistinguishable from prior cases
the Undersigned Judge has decided involving habeas petitioners who were detained within the
United States, rather than at a border crossing or port of entry, and adopts the findings contained
in its Order Granting the Petition for Writ of Habeas Corpus in Lopez-Romero v. Lyons, Case No.
2:25-cv-0113-MIS-JHR, 2026 WL 92873 (D.N.M. Jan. 13, 2026). Briefly, the Court finds that 8
U.S.C. § 1226(a) governs Petitioner’s detention, her continued detention without a bond hearing
violates her Fifth Amendment right to due process, and, as such, she is entitled to habeas relief.
The Court further finds that Respondents failed to articulate a legitimate interest in Petitioner’s
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continued detention and therefore orders her immediate release. See generally Resp., ECF No. 10.
The Court further orders that Petitioner shall not be re-detained without a pre-deprivation bond
hearing before a neutral Immigration Judge pursuant to 8 U.S.C. § 1226(a), at which the
Government must prove by clear and convincing evidence that Petitioner is a danger or flight risk.
Finally, the Court retains jurisdiction to ensure compliance with its Order and to entertain any
motions for attorneys’ fees.
Therefore, it is HEREBY ORDERED that:
1. The Verified Petition for Writ of Habeas Corpus, ECF No. 2, is GRANTED;
2. Respondents are ORDERED to immediately release Petitioner Mary Leonor
Chiliquinga Sigcho from custody/detention without restraings beyond those that
existed before her unlawful detention;
3. Respondents SHALL NOT re-detain Petitioner without a pre-deprivation hearing
before a neutral Immigration Judge pursuant to 8 U.S.C. § 1226(a), at which the
Government must prove by clear and convincing evidence that Petitioner is a
danger or flight risk;
4. Counsel for Federal Respondents is ORDERED to provide a copy of this order to
Counsel for the Warden of the Otero County Detention Center forthwith; 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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