Tribal officials say the 24-hour diner and smoke shop will open Monday on 30 acres off Interstate 10, east of Deming.

The tribe wants the federal government to grant reservation status to the land - a key step toward opening a casino there.

Gov. Bill Richardson is opposed to the casino and in February ordered state police to block access to it.

Federal law prohibits Indian gaming on most trust land granted after 1988. The tribe gained its New Mexico trust land in 2002.

But one exception to the law is when a tribe is granted a reservation for the first time.