Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
OYBEKJON MUSTAFOKULOV,
Petitioner,
v. Civ. No. 26-0488-KG-SCY
KRISTI NOEM, et al,
Respondents,
ORDER TO ANSWER
This matter is before the Court on Petitioner Oybekjon Mustafokulov’s Petition for Writ
of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) (Petition). Petitioner is an immigration
detainee at the Cibola County Correctional Institution and is proceeding pro se. The Petition
challenges his continued detention and, in particular, the Immigration Court’s determination that
it lacks jurisdiction to conduct a bond hearing.
Accepting the facts as true, Petitioner has raised a colorable claim for relief that he is
detained pursuant to 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225. See Garcia Sanchez v.
Noem, et al., 25-cv-1219 KG/JFR (concluding petitioner was detained pursuant to 8 U.S.C. §
1226, rather than 8 U.S.C. § 1225, and ordering Respondents to provide a bond hearing); Pu
Sacvin v. De Anda-Ybarra, 2025 WL 3187432, at *3 (D.N.M.) (Gonzales, J.) (same); Danierov
v. Noem, 2026 WL 45288, at *2 (D.N.M.) (Gonzales, J.) (same). The Clerk’s Office has
electronically served Respondents by Notice of Electronic Filing (NEF) using the Case
Management and Electronic Case Filing (CM/ECF) system. (Doc. 2).
IT IS ORDERED that:
1. The United States Attorney’s Office must answer the Petition within ten (10) business
days of entry of this Order.
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2. If Petitioner wishes to file an optional reply, he must do so within seven (7) business days
after the response is filed.
/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.
Case 1:26-cv-00488-KG-SCY Document 4 Filed 02/20/26 Page 2 of 2