Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MECHARDO BARNETT,
Petitioner,
v. Civ. No. 26-1122 KG-JHR
WARDEN, Otero County Processing 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;
MARKWAYNE MULLIN, U.S. Department
Of Homeland Security; AND U.S. Attorney General,
Respondents,
ORDER TO ANSWER
This matter comes before the Court on the Amended Petition for Writ of Habeas Corpus
(Doc. 3) (Amended Petition) and Emergency Motion for Immediate Release (Doc. 4) (Emergency
Motion). Petitioner is an immigration detainee at the Otero County Processing Center. He
initiated this case by filing a pro se Letter Regarding 28 U.S.C. § 2241 Exhibits. (Doc. 1)
(Opening Letter). The Opening Letter attaches various briefs and exhibits from the Immigration
Court but does not raise substantive claims under Section 2241 or explain why Petitioner’s
detention violates federal law.
The Court initially directed Petitioner to file an amended Section 2241 petition. Doc. 6.
Around the time that the Order Directing Amendment was filed, Petitioner submitted the Amended
Petition and Motion. It appears that the mailing containing the habeas exhibits arrived before the
substantive pleadings. The Amended Petition alleges Petitioner has been detained for over a year
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and has not received a bond hearing. The Court finds Petitioner has complied with the directive
to file a substantive amendment and will set a briefing schedule.
IT IS ORDERED that:
1. The United States Attorney’s Office must answer the Petition and the Emergency Motion
within 5 days of entry of this Order.
2. If Petitioner wishes to file an optional reply, he must do so within seven (7) business days
after the response is filed. The Court has discretion to consider whether emergency
relief is necessary before the reply brief 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.
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