Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JULIO CESAR LARA MERAZ,
Petitioner,
v. No. 26-cv-0548-MIS-GJF
WARDEN, Torrance County Detention
Center; MARY DE ANDA-YBARRA, Field
Office Director of Enforcement and Removal
Operations, El Paso Field Office,
Immigration and Customs Enforcement;
TODD LYONS, Acting Director
Immigration and Customs Enforcement;
CURRENT SECRETARY, U.S. Department
Of Homeland Security; AND PAMELA
BONDI, U.S. Attorney General,
Respondents,
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on Petitioner Julio Cesar Lara Meraz’s Petition Under
28 U.S.C. § 2241 for a Writ of Habeas Corpus (“Petition”), ECF No. 1, filed February 24, 2026.
On March 10, 2026, the federal Respondents filed a Response to the Petition. ECF No. 7.
Therein, counsel for Respondents acknowledges that the facts of this case are “substantially
similar” to Duhan v. Noem, No. 2:26-cv-00019-MIS-JFR, 2026 WL 266619 (D.N.M. Feb. 2,
2026), id. at 2, and that “this Court’s decision in Duhan v. Noem, would control the result here if
the Court adheres to that decision, as the facts are not materially distinguishable for purposes of
the Court’s decision on the legal issue of which statutory provision authorizes Petitioner’s
detention[,]” id. Nevertheless, Counsel argues that Petitioner is an applicant for admission seeking
admission subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Id. at 2-3.
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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, his continued detention without a bond hearing
violates his Fifth Amendment right to due process, and, as such, he is entitled to habeas relief.
The Court further finds that Respondents failed to articulate a legitimate interest in Petitioner’s
continued detention and therefore orders his immediate release. See generally Resp., ECF No. 7.
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.
Therefore, it is HEREBY ORDERED that:
1. The Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus, ECF No. 1 is
GRANTED;
2. Respondents are ORDERED to immediately release Petitioner Julio Cesar Lara
Meraz from custody/detention without restraints beyond those that existed before
his unlawful detention;
3. Respondents SHALL RETURN to Petitioner all personal belongings seized from
Petitioner and provide him with all necessary documents sufficient to board and
travel by commercial domestic air;
4. Respondents SHALL NOT re-detain Petitioner without a pre-deprivation hearing
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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;
5. Respondents SHALL file a Notice of Compliance with this Order as soon as
practicable after Petitioner’s release;
6. The Court will separately enter Final Judgment in favor of Petitioner but retain
jurisdiction over this matter to ensure compliance with this Order.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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