Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MARAT TASOEV,
Petitioner,
v. 	No. 1:26-cv-0922-MIS-GBW
ELISSA ORTIZ, in her official capacity as
Acting Warden, Torrance County Detention
Center; MARY DE ANDA-YBARRA, in her
official capacity as Field Office Director of
the El Paso Field Office of Enforcement and
Removal Operations, U.S. Immigrations and
Customs Enforcement; TODD M. LYONS,
in his official capacity as Acting Director,
Immigration and Customs Enforcement, U.S.
Department 	of 	Homeland 	Security;
MARKWAYNE MULLIN, in his official
capacity as Secretary, U.S. Department of
Homeland Security; TODD BLANCHE, in
his 	official 	capacity 	as 	Acting 	Attorney
General of the United States,
Respondents.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on Petitioner Marat Taosev’s Verified Petition for Writ
of Habeas Corpus (“Petition”), ECF No. 1, filed March 26, 2026. Respondents Mary De Anda-
Ybarra, Todd M. Lyons, Markwayne Mullin, and Todd Blanche (“Federal Respondents”),1 filed a
Response on April 10, 2026, ECF No. 6.
1 	Respondent Warden, Otero County Processing Center, did not file a response or otherwise appear
in this case. It has become standard practice in these habeas cases for the warden of the relevant detention center to
either appear and adopt the federal respondents’ arguments, see, e.g., Intriago-Sedgwick v. Noem, Case No. 1:25-cv-
01065-MIS-LF, Notice of Joinder In USA Respondents’ Forthcoming Claims and Defenses, ECF No. 11 (D.N.M.
Dec. 3, 2025), or not appear at all, see Francisco v. Dedos, Case No. 1:25-cv-01229-MIS-GJF, Proposed Findings and
Recommended Disposition at 8, ECF No. 53 (D.N.M. Jan. 20, 2026).
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Counsel for Respondents acknowledges the facts of this case are “substantially similar” to
Duhan v. Noem, No. 2:26-CV-00019-MIS-JFR, 2026 U.S. Dist. LEXIS 20895 (D.N.M. Feb. 2,
2026), Resp. at 2, ECF No. 6, 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. at 2. 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)(2). Id. at
1-3.
Ultimately, 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. 6.
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.
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Finally, the Court retains jurisdiction to ensure compliance with its Order and to entertain any
motions for attorneys’ fees.
Accordingly, it is HEREBY ORDERED that:
1. 	Petitioner Marat Tasoev’s Verified Petition for Writ of Habeas Corpus, ECF No. 1,
is GRANTED;
2. 	Respondents are ORDERED to immediately release Petitioner from 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. 	Respondents SHALL NOT impose any new condition of release;
5. 	Respondents SHALL file a Notice of Compliance with this Order; and
6. 	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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