Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GNADJI LAZARE,
Petitioner,
v. No. 2:26-cv-00808-KG-KK
MARY DE ANDA-YBARRA, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Petitioner Gnadji Lazare’s Petition for Writ of Habeas
Corpus. Doc. 1, and the Government’s Response, Doc. 5. Petitioner, proceeding pro se,
challenges the facts supporting his continued detainment pending removal proceedings. Doc. 1.
For the reasons below, the Court dismisses the petition without prejudice.
I. Background
Petitioner is a citizen of the Republic of Côte d’Ivoire. Doc 5 at 1. He was lawfully
admitted to the United States on a tourist visa on June 5, 2025. Id. at 2. On January 17, 2026,
United States Border Patrol (“USBP”) detained Petitioner pursuant to 8 U.S.C. § 1226, asserting
that he overstayed his six-month visa. Id. The Department of Homeland Security (“DHS”)
transferred Petitioner to the Otero County Processing Center in Chaparral, New Mexico, where
he remains detained. Id.
On March 2, 2026, Petitioner had a bond hearing. Id. at 2–3. The immigration judge
denied bond, determining that Petitioner failed to show that he was not a flight risk. Doc. 5-8.
Petitioner is scheduled to appear before an immigration judge for removal proceedings on April
23, 2026. Doc. 5 at 3.
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Petitioner seeks release from immigration detention. Doc. 1 at 7. Petitioner alleges: (1)
his visa is valid through June 2026; (2) he is in the process of applying for asylum; (3) he has
been detained for two months; and (4) he has serious health problems. Id. at 6–7. The
Government asserts that this Court lacks jurisdiction to review the immigration judge’s decision
denying bond to Petitioner. Id. at 4–5. The Government also contends that because Petitioner
has received a bond hearing, the petition should be denied as moot. Doc. 5 at 4.
II. Standard of Review
A petition for a writ of habeas corpus seeks “release from unlawful physical
confinement.” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973). Habeas corpus review is
available if a noncitizen is “in custody in violation of the Constitution or laws or treaties of the
United States.” 28 U.S.C. § 2241(c)(3); see also Zadvydas v. Davis, 533 U.S. 678, 687 (2001).
III. Analysis
Petitioner is detained under § 1226. Doc. 5 at 4. Section 1226(a) “authorizes the
Government to detain certain [noncitizens] already in the country pending the outcome of
removal proceedings.” Jennings v. Rodriguez, 583 U.S. 281, 289 (2018). Noncitizens detained
under § 1226(a) are entitled to bond hearings “at the outset of detention.” Id. at 306. Here, an
immigration judge denied Petitioner bond, finding that Petitioner did not meet his burden of
demonstrating that he was not a flight risk.
To the extent Petitioner contests the immigration judge’s bond determination, the Court
lacks the authority to consider Petitioner’s claims. Doc. 1 at 6–7. In habeas proceedings, district
courts lack jurisdiction to review an immigration judge’s decision to deny bond. § 1226(e); see
also Demore v. Kim, 538 U.S. 510, 516 (2003) (noting that § 1226(e) precludes review of the
Attorney General’s “discretionary judgment” or “decision” regarding detention or release but
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permits constitutional challenges to detention). A petitioner seeking review of a bond decision
must either appeal the denial to the Board of Immigration Appeals or file a request for a bond
redetermination. Johnson v. Guzman Chavez, 594 U.S. 523, 527 (2021); see also 8 CFR
§ 236.1(d)(1), (3).
To the extent Petitioner argues his approximately three-month detention violates his due
process rights, §1226 authorizes the Government to detain a noncitizen until the conclusion of
removal proceedings. Jennings, 583 U.S. at 306. Because Petitioner has received the process
due, his continued detention pending removal proceedings is lawful.
IV. Conclusion
Petitioner’s Petition for Writ of Habeas Corpus, Doc. 1, is denied. The Court dismisses
the petition without prejudice. Petitioner may file a subsequent petition should the facts of his
detention change.
IT IS SO ORDERED.
/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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