New Mexico § 44-1-16 [When petitioner will be remanded to custody.]

New Mexico Statutes

§ 44-1-16 — [When petitioner will be remanded to custody.]

New Mexico § 44-1-16

Ch. 44Miscellaneous Civil Law Matters

Art. 1Habeas Corpus

This text of New Mexico § 44-1-16 ([When petitioner will be remanded to custody.]) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 44-1-16 (2026).

Text

The officer shall forthwith remand such party, if it appears that he is detained in custody, either: A. by virtue of process issued by any court or judge of the United States in a case where such court or judge has exclusive jurisdiction; or B. by virtue of the final judgment or decree of any competent court, or of any execution issued upon such judgment or decree; or C. for any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and D. that the time during which such party may be legally detained has not expired.

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The officer shall forthwith remand such party, if it appears that he is detained in custody, either: A. by virtue of process issued by any court or judge of the United States in a case where such court or judge has exclusive jurisdiction; or B. by virtue of the final judgment or decree of any competent court, or of any execution issued upon such judgment or decree; or C. for any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and D. that the time during which such party may be legally detained has not expired.