Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSE GREGORIO DE LA ROSA JIMENEZ,
Petitioner,
v. No. 2:26-cv-0545-KG-DLM
PAMELA BONDI, Attorney General of the United States;
KRISTI NOEM, Secretary, 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 Jose Gregorio De La Rosa Jimenez’ pro se Petition for
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) (Petition), filed on February 24,
2026. The Petition was filed by Nicole Kelly Lupe on Petitioner’s behalf as his spouse and
“Next Friend.” (Doc. 1) at 1. Petitioner is detained at the Otero County Processing Center in
Chaparral, New Mexico and has paid the habeas filing fee. Petitioner states he was taken into
immigration custody on January 8, 2026 and has not been provided a bond hearing. Id. at 4, 8.
He further states he is married to an active-duty U.S. Army service member who is under
imminent deployment orders. Id. at 1, 4, 8. Petitioner seeks an order directing Respondents to
1 The pro se Petition names the Warden as Respondent, which is standard in non-immigration
cases. The Court adds the above-mentioned parties as additional 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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provide him with an individualized bond hearing before an Immigration Judge within ten days of
the Court’s order, or immediate release from immigration detention. Id. at 11.
Having conducted an initial review of the Petition, the Court finds the alleged facts raise
a colorable claim for relief. 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. See Garcia Sanchez v. Noem, et al., 25-cv-1219 KG/JFR (concluding petitioner was
detained pursuant to 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225, and ordering Respondents to
provide a bond hearing); Pu Sacvin v. De Anda-Ybarra, 2025 WL 3187432, at *3 (D.N.M.)
(Gonzales, J.) (same); Danierov v. Noem, 2026 WL 45288, at *2 (D.N.M.) (Gonzales, J.) (same).
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.
If the USAO declines to timely respond, the Court may enter a separate order directing
the Immigration Court to conduct a bond hearing in accordance with its prior rulings on this
issue.
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;
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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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