Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KENDAL NICKOLE TORRES AZUAJE,
Petitioner,
v.
Case No. 2:26-cv-00152-MIS-KRS
DORA CASTRO, in her official capacity as
Warden 	of 	the 	Otero 	County 	Processing
Center; MARISA FLORES, in her official
capacity 	as 	Field 	Office 	Director 	of
Enforcement and Removal Operations, El
Paso Field Office, Immigration and Customs
Enforcement; TODD 	M. 	LYONS, 	in 	his
official 	capacity 	as Acting 	Director 	and
Senior Official Performing the Duties of the
Director of U.S. Immigration and Customs
Enforcement; 	PAMELA 	BONDI, 	in 	her
official capacity as Attorney General of the
United States; KRISTI NOEM, in her official
capacity as Secretary of the Department of
Homeland Security
Respondents.
ORDER GRANTING VERIFIED PETITION FOR WRIT OF HABEAS CORPUS
THIS MATTER is before the Court on Petitioner Kendal Nickole Torres Azuaje’s Verified
Petition for Writ of Habeas Corpus (“Petition”), ECF No. 1, filed January 25, 2026. Two days
later, January 27, 2026, the Court issued an Order Directing Service and Order to Show Cause
(“Order”), ECF No. 2, which, inter alia, instructs that “Respondents shall respond to the Petition
and SHOW CAUSE why the Petition shall not be granted within three (3) days of service of the
Petition.” Order at 2. Respondents Marisa Flores, Todd M. Lyons, Pamela Bondi, and Kristi Noem
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(“Federal Respondents”),1 were served by Certified Mail on February 2, 2026, see U.S. Postal
Service tracking number in Certificate of Service, ECF No. 10-1, but did not file a Response within
the required three (3) days, see Order at 2, ECF No. 2. To date, no Federal Respondent has
responded to the Petition or otherwise shown cause why the Petition should not be granted.
Consequently, the Court will treat the Petition as uncontested and GRANT the Petition.
Additionally, and alternatively, the Court has carefully reviewed the Petition and, accepting
the facts as true and uncontested, the Court finds that relief should be granted on the merits for the
reasons articulated by this Court in Lopez-Romero v. Lyons, Case No. 2:25-cv-01113-MIS-JHR,
2026 WL 92873 (D.N.M. Jan. 13, 2026).
Accordingly, it is HEREBY ORDERED that:
1. 	Petitioner Kendal Nickole Torres Azuaje’s 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; and
1 	Respondent Dora Castro, Warden of the Otero County Processing Center, appeared but did not file
a response in this case. Instead, she filed a Notice of Joinder in Federal Respondents’ forthcoming claims and defenses.
ECF No. 12. 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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4. 	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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