District of New Mexico • 1:26-cv-03124

Alejandrino v. LNU

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Case Information

Filed: September 21, 2026
Assigned to: Margaret I. Strickland
Referred to: Gregory Wormuth
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
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Last Activity: September 22, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 21, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Teodoro Gallardo Alejandrino. (bc) (Entered: 09/21/2026)
Main Document: Petition for 2241 Relief
#2
Sep 21, 2026
NOTICE: In accordance with the Standing Order, filed January 28, 2026 in 26-MC-00004-03 (Doc. 3), the Clerk of Court provides notice of completion of electronic service. A copy of the petition in this matter was provided to all federal respondents by Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system. The parties should review the Standing Order, and any further Orders entered in this matter regarding the deadline to respond to the petition. (bc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/21/2026)
Sep 21, 2026
United States District Judge Margaret I. Strickland and United States Chief Magistrate Judge Gregory B. Wormuth assigned. (bc)
#3
Sep 22, 2026
ORDER TO SHOW CAUSE by District Judge Margaret I. Strickland: The Court ORDERS Petitioner to show cause why his Petition should not be summarily dismissed without prejudice because it does not state a claim under which habeas relief can be granted. Petitioner alleges he was detained on or about January 23, 2026. An Order of Removal was entered on March 24, 2026, and Petitioner's appeal of that Order was dismissed on September 14, 2026, making it final. See 8 U.S.C. § 1241.1(a). Petitioner's removal period began on September 14, 2026, when the BIA dismissed his appeal. 8 U.S.C. § 1231(a)(1)(B)(ii). Where, as here, the petitioner is subject to a final order of removal, detention is governed by Zadvydas v. Davis, 533 U.S. 678, 682 (2001) and 8 U.S.C. § 1231. The Supreme Court determined that a six-month detention period is presumptively reasonable. Zadvydas, 533 U.S. at 701. Accordingly, Petitioner shall have thirty days from the date of this Order to SHOW CAUSE why the Petition should not be dismissed without prejudice to be refiled if he remains in custody six months from the date the removal order became final. Petitioner is reminded that this Court cannot allow noncitizens to permanently remain in the United States or make any determination as to immigration status. Pursuant to 8 U.S.C. § 1252, known as the "zipper clause," Federal District Courts lack jurisdiction over claims challenging removal orders. Jennings v. Rodriguez, 583 U.S. 281, 316-17 (2018). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Show Cause Response due by 10/22/2026. (pa) (Entered: 09/22/2026)
Sep 22, 2026
Order to Show Cause

Parties

Alejandrino
Party
LNU
Party