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Habeas Corpus: Alien Detainee | New Mexico
Order to Show Cause
ORDER TO SHOW CAUSE AND ENJOINING TRANSFER by District Judge Margaret I. Strickland: The USAO shall ANSWER the Petition and show cause why relief should not be granted within 10 business days, unless the Court sets a separate deadline/hearing to address emergency relief. The USAO's answer MUST specify whether the Court has already ruled on the legal issue(s) in this case and whether the holdings in Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. 2026) or Mardanpour v. Warden, Case No.2:26-cv-00550-MIS-LF, 2026 WL 963164, at *3-8 (D.N.M. Apr. 9, 2026) require relief. In addition, to the extent that the Respondents assert that Petitioner received a constitutionally adequate bond hearing, they should provide the materials related to that hearing, including the immigration judge's order. In addition, to the extent that Respondents oppose the motion, they should explain how Petitioner may voluntarily depart while detained and provide the materials related to the voluntary departure order, including any order that the Petitioner post bond or provide travel documents as well as the basis for continued detention. Petitioner's Motion to Proceed under 28 U.S.C. 1915 (In Forma Pauperis) (ECF 2 ) is GRANTED. Petitioner's Emergency Motion to Expedite (ECF 4 ) is DENIED. Petitioner's Emergency Motion to Preserve Jurisdiction and Prohibit Transfer (ECF 3 ) is GRANTED, in part. The Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending, absent a final order of removal. Finally, the Clerk's Office shall confirm the docket lists the following Respondents: the facility Warden; Acting ICE Director, Acting ICE Field Director; Acting U.S. Attorney General; and Secretary Markwayne Mullin.
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Show Cause Response due by 9/16/2026. (pa)
Mail Returned
Mail Returned as Undeliverable re 18 Mail Returned. Mail sent to Keilerson Dayner Torrealba-Gonzalez returned, envelope indicates "RTS Detainee Departed" (aek)
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