Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JACOBEL YEBOAH ASARE,
Petitioner,
v. No. 2:26-cv-00731-KG-JFR
DORA CASTRO, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Petitioner Jacobel Yeboah Asare’s pro se habeas
petition, Doc. 1. The Government responded to the Petition, Doc. 8, and Petitioner replied,
Doc. 10. Because Petitioner’s challenge presents purely legal questions, the Court declines to
hold a hearing, 28 U.S.C. § 2243, and denies the petition without prejudice for the reasons
below.
I. Background
Petitioner is a citizen of Ghana who entered the United States in 2023 on an F-1 student
visa. Doc. 8 at 2. Petitioner’s visa expired on June 16, 2024, “and Petitioner did not depart from
the United States as required.” Id. Immigration and Customs Enforcement arrested Petitioner in
New Jersey on November 18, 2025. Id. She is currently held at the Otero County Processing
Center in New Mexico. Id. at 2. On February 19, 2026, an immigration judge (“IJ”) found
Petitioner removable and denied her asylum application. Id. at 3. With the assistance of counsel,
Petitioner waived her right to appeal her removal, and the IJ entered the final removal order on
February 23, 2026. Id. at 3, 6.
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Petitioner argues that her continued detention violates the Immigration and Nationality
Act (“INA”) and the Due Process Clause of the Fifth Amendment. Doc. 1 at 3. She seeks
immediate release. Id. at 4. The Government opposes the Petition. Doc. 8.
The Court enjoined Petitioner’s transfer outside of New Mexico while this case is
adjudicated. See Doc. 6. The Court stated that “[i]f a final removal order is entered, the [United
States Attorney’s Office] can ask the Court to lift the injunction.” Id. at 2. The Government
filed an emergency motion, Doc. 14, requesting the Court lift its prior Order enjoining transfer
because it plans to remove Petitioner from the United States to Sierra Leone “within the first
three weeks of May 2026.” Id. at 3; Doc. 14-1 at 1.
II. Legal Standard
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).
“[T]he Government ordinarily secures” a noncitizen’s removal during the 90 days after
issuing a final order for the person to be removed. Zadvydas, 533 U.S. at 682; see 8 U.S.C.
§ 1231(a)(1). During that 90-day removal period, the noncitizen is typically detained. Zadvydas,
533 U.S. at 682. After that, the Government may continue detaining the noncitizen only for as
long as is “reasonably necessary” to secure their removal. Id.; see 8 U.S.C. § 1231(a)(6).
III. Analysis
The Court concludes that Petitioner fails to meet the standards set out in Zadvydas and
denies her petition without prejudice. As of the date of this order, Petitioner has been detained
for a little more than two months since her order of removal became administratively final on
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February 23, 2026. Doc. 8 at 3. Her length of detention pending removal is within both the 90-
day statutory removal period and the presumptively reasonable six-months contemplated in
Zadvydas.
IV. Conclusion
The Petition for Writ of Habeas Corpus, Doc. 1, is denied without prejudice. The
Government’s motion to permit transfer out of the District of New Mexico, Doc. 14, is granted.
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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