Case 1:26-mc-00004 Document 3 Filed 01/28/26 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
SERVICE OF PROCESS IN IMMIGRATION HABEAS
PETITIONS FILED PURSUANT TO §§ 2241 ET SEQ. 26-MC-00004-03
STANDING ORDER
In all cases where an alien detainee has filed a habeas corpus petition under 28 U.S.C.
§§ 2241 et seq., which challenges the decision of a federal agency to hold the alien in custody,
the procedures for service of the petition on the respondent(s) shall be governed by Rule 4 of the
Rules Governing Section 2254 Cases. 1 See Rule 1(b) (“The district court may apply any or all of
these rules to a habeas corpus petition not covered [under 28 U.S.C. § 2254].”). Pursuant to Rule
4 of the Rules Governing Section 2254 Cases, the Clerk of Court will electronically serve a copy
of the petition 2 and any order to answer, show cause, or otherwise respond to the petition, and
any pending motions on all federal respondents through the CM/ECF filing system. Pursuant to
Rule 4 of the Rules Governing Section 2254 Cases and by agreement with the wardens of the
Otero County Processing Center, the Torrance County Detention Facility, and the Cibola County
Correctional Center, the Clerk of Court will electronically serve a copy of the petition and any
order to answer, show cause, or otherwise respond to the petition, and any pending motions on
the appropriate warden through the CM/ECF filing system. The Clerk will serve the petition and
1
The presiding judge will decide whether to follow the other provisions of Rule 4 and the
remaining Rules Governing Section 2254 Cases—or alternatively, the procedural requirements
set forth in 28 U.S.C. § 2243.
2
The Rules Governing Section 2254 Cases do not require a summons, and a summons will not
be issued.
Case 1:26-mc-00004 Document 3 Filed 01/28/26 Page 2 of 2
any order to answer, show cause, or otherwise respond to the petition, and any pending motions
on any respondents who cannot be served through the CM/ECF filing system by certified mail,
with return receipt requested if required. The Court will serve the United States, its agencies, its
officers, and the warden of any detention center located in New Mexico at addresses already
known to the Court. Petitioner must provide the Court with the service address for any other
respondent(s).
Respondent(s) are not required to answer, show cause, or otherwise respond to the
petition until ordered to do so. In its order, the Court will fix the time by which response must be
made, which will be no less than ten business days unless the petition includes a request for a
temporary restraining order. The Court will set a hearing, if necessary.
FOR THE COURT 3
/s/____________________________________
KENNETH J. GONZALES 4
CHIEF UNITED STATES DISTRICT JUDGE
3
For the court, pursuant to Administrative Order Misc. No. 83-252.
4
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.
Notices
1:26-mc-00004 Administrative Orders
U.S. District Court
United States District Court - District of New Mexico
Notice of Electronic Filing
The following transaction was entered on 1/28/2026 at 1:35 PM MST and filed on 1/28/2026
Case Name: Administrative Orders
Case Number: 1:26-mc-00004
Filer: Administrative Orders
Document Number: 3
Docket Text:
STANDING ORDER: In the matter of: Service Of Process In Immigration Habeas
Petitions Filed Pursuant To §§ 2241 Et Seq. (mre)
1:26-mc-00004 Notice has been electronically mailed to:
1:26-mc-00004 Notice has been delivered by fax to:
1:26-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1167529506 [Date=1/28/2026] [FileNumber=14395927-
0] [af3664a3375ef8628776b1d4070ecdeabc7867709d884e44b354ba2b7a2f141075
b238c84e0201c74c5ffaf393cd14a45a16b4221dff8ab135582ae17a88c175]]
