Reported / Citable
Background
Fanny Gabriela Lopez Perdomo, detained at the Houston Contract Detention Facility by U.S. Immigration and Customs Enforcement (ICE), filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 to challenge her detention. She was detained under 8 U.S.C. § 1225(b)(2)(A) and had remained in custody for more than 90 days without a bond hearing. The Department of Homeland Security respondents moved for summary judgment seeking to uphold the detention, and Lopez Perdomo filed an amended response in opposition.
The case reached the court on its merits based on whether extended immigration detention without individualized bond hearing procedures violates constitutional protections. The petitioner argued that 90-plus days of detention without a bond determination hearing violated her due process rights, while respondents sought summary judgment in their favor to maintain the existing detention.
The Court’s Holding
The district court granted the habeas corpus petition in part, relying on the Fifth Circuit’s recent decision in Sosnava Rodriguez v. Ortega (5th Cir., July 2, 2026). The court held that detainees detained for more than 90 days are entitled to a bond hearing before continued detention may be lawful. Accordingly, the court ordered that respondents must either release Lopez Perdomo from custody or provide a bond hearing by August 10, 2026—a 30-day window.
Critically, the court mandated that if the government chooses to hold a bond hearing, it must “articulate an individualized justification for further detention without bond.” The court required the government provide at least 48 hours’ notice to the petitioner and her counsel before any hearing or release. The court denied respondents’ motion for summary judgment and ordered follow-up status reports from the parties by August 17, 2026.
Key Takeaways
- Immigration detainees held for more than 90 days have a Fifth Circuit-protected right to a bond hearing before continued detention.
- The government cannot detain without articulating an individualized justification at a bond hearing when detention exceeds 90 days.
- District courts have habeas corpus jurisdiction under § 2241 to review immigration detention and may order release or mandate proper hearing procedures.
- Recent Fifth Circuit precedent limits the government’s ability to hold immigration detainees indefinitely without individualized bond determinations.
Why It Matters
This decision reflects an emerging constitutional constraint on immigration detention practices. The reliance on Sosnava Rodriguez signals that the Fifth Circuit—a conservative appellate court covering Texas, Louisiana, and Mississippi—now requires that prolonged ICE detention meet procedural due process standards, including individualized bond hearings. This may significantly impact how ICE manages detention of non-citizens pending deportation proceedings across the Fifth Circuit.
For immigration practitioners and ICE, the ruling clarifies that detention beyond 90 days without a bond hearing is vulnerable to habeas challenge. It may prompt broader policy changes in immigration detention management and increase the number of bond hearing demands in federal court, affecting both government resources and detainee outcomes across the region.