Case: United States v. Lopez-Gonzalez
25-mj-01562 | U.S. District Court for the District of New Mexico
Filed Date: May 13, 2025
Closed Date: May 19, 2025
Clearinghouse coding complete
Case Summary
This case challenged the criminal prosecution of a Mexican citizen who crossed the border outside a port of entry into a federally managed strip of land in New Mexico.
On April 18, 2025, the Secretary of the Army assigned the 60-foot strip of land contiguous to and parallel with the border between the U.S. and Mexico as a designated security zone operated under the U.S. Army Garrison, Fort Huachuca. This area is known as the New Mexico National Defense Area (NMNDA).
On May 10, 2025, the Mexican citizen was arrested by Border Patrol Agents in Dona Ana County, New Mexico, for entering the U.S. outside a port of entry. The individual was accused of trespassing into the NMNDA, and the U.S. subsequently charged the individual with three misdemeanor crimes: Entry Without Inspection in violation of Title 8 U.S.C. § 1325; Violation of a Security Regulation in violation of Title 50 U.S.C. § 797; and Entering Military Property for an Unlawful Purpose in violation of Title 18 U.S.C. § 1382.
On May 13, 2025, an oral hearing was held before Chief Magistrate Judge Gregory B. Wormuth. Defendant, represented by counsel from the Federal Public Defender's Office, orally moved for dismissal of the Title 50 and 18 charges.
On May 14, 2025, a criminal complaint was filed by the U.S. detailing the alleged violations of Titles 50 and 18 through the willful violation of any defense property, security regulation, or military area, as signs were posted in the defense areas on April 24, 2025, stating in both English and Spanish that the area was restricted and that unauthorized entry is prohibited.
The same day, the court ordered the dismissal of the Title 50 and Title 18 charges. The court found that knowledge of entry into the NMNDA was an “essential element” of both charges. The court found that, as the NMNDA spans over 180 miles of “often difficult and mountainous terrain,” the fact that some signs were posted in the area provided no basis on which to conclude that the defendant could have seen, let alone did see, the signs. Since the U.S. provided no facts from which one could reasonably conclude that the defendant knew they were entering the NMNDA, the U.S. failed to establish probable cause on this essential element of the charge. Therefore, both charges failed and were dismissed without prejudice by the court.
This case is now closed.
Summary Authors
Madeline Dollard (8/6/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70272585/parties/united-states-v-lopez-gonzalez/
Wormuth, Gregory (New Mexico)
Williams, Jared Kirk (New Mexico)
Ibarra, Carlos (New Mexico)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/70272585/united-states-v-lopez-gonzalez/
Last updated Aug. 6, 2026, 2:29 p.m.
Docket for: United States v. Lopez-Gonzalez
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: May 13, 2025
Closing Date: May 19, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The United States
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Mexican Citizen
Case Details
Other Dockets:
District of New Mexico 25-mj-01562
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Immigration/Border:
Case Summary of United States v. Lopez-Gonzalez, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48065/ (last updated 8/6/2026).