HUMSI — Human Security Initiative

Human Impact Project

A living database documenting reported immigration enforcement incidents and their human impact.

A detained immigrant challenges six-month mandatory detention as unconstitutional

Nov 29, 2025·Location: New Mexico

Country of origin: Afghanistan

A man held in federal immigration custody has been detained since November 29, 2025, a period of six months. He is detained at the Otero County Processing Center and is assumed to be subject to mandatory detention under 8 U.S.C. § 1225(b). He filed a Petition for Writ of Habeas Corpus on May 7, 2026, challenging the legality of his prolonged detention. The federal respondents filed a response on May 26, 2026. The court determined that his indefinite, prolonged detention may violate his substantive due process rights under the Fifth Amendment, citing precedent from Mardanpour v. Warden. The court ordered him to file a supplemental reply by June 3, 2026, addressing whether he is entitled to habeas relief based on the six-month detention threshold established in Zadvydas v. Davis.

Suggest a correction, comment, or update

Sources

More incidents in New Mexico