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.
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