Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CLAUDE NGEFACK,
Petitioner,
v. No. 2:26-cv-441-KG-JFR
PAMELA BONDI, Attorney General of the United States;
SECRETARY, U.S. Department of Homeland Security;
MARY DE ANDA-YBARRA, El Paso Field Office Director,
Immigration and Customs Enforcement; TODD LYONS,
Acting Director of Immigration and Customs Enforcement; and
DORA CASTRO, WARDEN, Otero County Processing Center,
Respondents.1
ORDER TO ANSWER
Before the Court is Petitioner’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2241 (Doc. 1), filed on February 17, 2026. On February 19, 2026, the Court ordered
Petitioner to file an amended Section 2241 petition that includes more details about the status of
his immigration proceedings. (Doc. 4). Pursuant to the Court’s Order, Petitioner filed a
“Statement of Facts” (Doc. 5) and an Amended Petition (Doc. 6). Petitioner is detained at the
Otero County Processing Center in Chaparral, New Mexico and is proceeding pro se. He states
he was taken into immigration custody on February 5, 2025, and received a removal order from
an Immigration Judge on October 1, 2025. (Doc. 1) at 2, 4. He filed an appeal of the removal
1 The Court adds the above-mentioned parties as Respondents in this case. See Lowmaster v.
Dir., Bureau of Prisons, 2024 WL 5135970, at *1 (D. Kan. Dec. 17, 2024) (“the Court notes that
it routinely substitutes the” proper parties as “respondent in habeas cases”); Danderson v. Page,
2024 WL 3913051, at *2 (E.D. Okla. Aug. 20, 2024) (substituting the proper party respondent in
a habeas case).
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order with the Board of Immigration Appeals (BIA) on October 28, 2025, and his appeal is
pending. Id. at 2-3. Petitioner further states that he filed an I-914 application for T
Nonimmigrant Status with the U.S. Citizenship and Immigration Services in February 2026,
which is also pending. (Doc. 5) at 1.2 Petitioner alleges he was unlawfully arrested, has not
been provided adequate medical treatment in detention, and has not received a bond hearing.
(Doc. 1) at 5-6, 11; (Doc. 5) at 1. Petitioner seeks release from immigration detention. (Doc.
1) at 7, 11.
Having conducted an initial review of the Petition, Statement of Facts, and Amended
Petition, the Court will order Respondents to answer the Petition. Petitioner alleges he has not
been provided a bond hearing under 8 U.S.C. § 1226, and it does not appear that he is being
detained pursuant to a final order of removal. The USAO’s answer must apprise the Court of
the statutory authority Respondents believe permit Petitioner’s detention and explain why
continued detention is justified, including the effect of Petitioner’s I-914 application on his
detention status.
The Clerk’s Office has electronically served a copy of the petition in this matter on all
federal respondents by Notice of Electronic Filing (NEF) using the Case Management and
Electronic Case Filing (CM/ECF) system. See (Doc. 3). The United States Attorney’s Office
(USAO) shall answer the Petition within ten (10) business days of entry of this Order and show
cause why the requested relief should not be granted. See Habeas Rules 1(b), 4 (courts have
discretion to set a time for respondents to answer a habeas petition). Petitioner may file an
optional reply within ten (10) business days after the answer brief is filed.
2 Form I-914, Application for T Nonimmigrant Status, enables victims of severe human trafficking to remain in the
United States under certain circumstances. See 8 C.F.R. 214.11; see also 8 U.S.C. § 1101(a)(15)(T) (explaining T
visas are a form of relief available to victims of human trafficking and their dependents).
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IT IS THEREFORE ORDERED that:
1. The United States Attorney’s Office must answer the Petition within ten (10) business
days of entry of this Order and show cause why the requested relief should not be
granted;
2. If Petitioner wishes to file an optional reply, he must do so within ten (10) business days
after Respondents’ response is filed; and
3. The Clerk’s Office shall add the additional party Respondents set forth in the caption of
this Order to the docket of this case.
/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.
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