Juan Jose Garcia Garay v. Warden, Otero County Processing Center, Mary De...

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

JUAN JOSE GARCIA GARAY,

Petitioner, v. No. 26-cv-1454-MIS-LF 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;

Acting Director of Immigration and Customs

Enforcement; MARKWAYNE MULLIN,

Secretary, U.S. Department of Homeland

Security; and U.S. Attorney General,

Respondents.1

ORDER GRANTING IN FORMA PAUPERIS

RELIEF AND DIRECTING AMENDMENT

This matter is before the Court on Petitioner’s pro se Application to Proceed In Forma Pauperis (ECF 1) (Application). The Application—which is currently the only pleading in this case—states Petitioner is an immigration detainee and cannot afford to pay the filing fee. The Court will grant the Application and require Petitioner to file a 28 U.S.C. § 2241 petition within twenty-one (21) days of entry of this Order. The petition should include details about what process (bond hearings, removal hearings, etc.) Petitioner has received so far; whether/when the Immigration Court entered a removal order or denied bond; the reason for any denial of bond; and the status of any immigration appeals. Petitioner may find it helpful to attach any orders from the The Court will substitute the above-mentioned parties as Respondents in this case. See Torres-Torres v. Miller, 2020 WL 4430519 (D.N.M. July 31, 2020) (discussing the party 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”). immigration court, but documentary evidence is not required at this stage. The failure to timely file a § 2241 petition may result in dismissal of this case without prejudice to refiling at a later time.

IT IS ORDERED that Petitioner’s Application to Proceed Jn Forma Pauperis (ECF 1) is GRANTED; and Petitioner shall file a 28 U.S.C. § 2241 petition within twenty-one (21) days of entry of this Order.

IT IS FURTHER ORDERED that the Clerk’s Office shall update CM/ECF to match the Respondents listed above and mail Petitioner a blank § 2241 form.

M.. ow o Said.

MARGRRET STRICKLAND

UNITED STATES DISTRICT JUDGE