Abdul Saboor Sayedan Khilan v. Warden, Torrance County Detention Center,...

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

ABDUL SABOOR SAYEDAN KHIL,

Petitioner, v. Civ. No. 26-0986-KG-KRS WARDEN, Torrance County Detention Center,

DIRECTOR, 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 PAMELA BONDI,

U.S. Attorney General,

Respondents,1

ORDER TO ANSWER

This matter is before the Court on the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) (Petition). Petitioner is an immigration detainee at the Torrance County Detention Center and is proceeding pro se. He has been detained since December 13, 2024 and challenges his prolonged detention. Accepting the facts as true, the Petition is not subject to summary dismissal. 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. 3). The Court will set a briefing schedule and require Petitioner to address the filing fee requirement, as set forth below.

1 The Court will add the above-mentioned parties as Respondents. See Torres-Torres v. Miller, 2020 WL 4430519 (D.N.M. July 31, 2020) (discussing the respondents in an immigration habeas case); Lowmaster v. Dir., Bureau of Prisons, 2024 WL 5135970, at *1 (D. Kan. Dec. 17, 2024) (“the Court notes that it routinely substitutes the” proper parties as “respondent in habeas cases”); Danderson v. Page, 2024 WL 3913051, at *2 (E.D. Okla. Aug. 20, 2024) (substituting the proper party respondent in a habeas case). 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.

2. If Petitioner wishes to file an optional reply, he must do so within seven (7) business days after the response is filed.

3. Petitioner shall pay the $5.00 filing fee or file a motion to proceed in forma pauperis within thirty (30) days of entry of this Order.

4. The Clerk’s Office shall update CM/ECF to include the Respondents added by this Order.

/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.