Reported / Citable
Background
Juan Margarito Contreras Llanas filed a habeas corpus petition challenging his detention at the T. Don Hutto Residential Center without an individualized determination of detention necessity. Since April 15, 2026, he had been held for approximately 84 days under 8 U.S.C. § 1225(b)(2)’s mandatory detention provisions, a statute that permits detention of certain classes of individuals without a bond hearing.
Respondents—federal officials including Secretary of Homeland Security Markwayne Mullin—asserted that Contreras Llanas fell within the statute’s mandatory detention category. Critically, despite months in custody, Contreras Llanas had not received a bond hearing to determine whether continued detention was necessary. The petitioner argued that prolonged detention without individualized review violated due process protections.
The Court’s Holding
Judge Robert Pitman granted the habeas corpus petition, applying binding precedent from the Fifth Circuit’s recent decision in Sosnava Rodriguez v. Ortega, No. 26-50183 (5th Cir. July 2, 2026). The Fifth Circuit held that the government must release immigration detainees held without a bond hearing under § 1225(b)(2) for longer than 90 days, absent a constitutionally adequate bond hearing.
The court ordered respondents to file a status report by July 15, 2026—91 days after Contreras Llanas’s detention began—either: (1) documenting that he received a constitutionally adequate bond hearing within 90 days, including advance notice served on him and his attorney, a hearing transcript, and the Immigration Judge’s written order, or (2) confirming that they released him from detention pursuant to the Fifth Circuit’s mandate. No discretion remained to extend detention beyond the 90-day threshold without satisfying one of these conditions.
Key Takeaways
- Immigration detainees under § 1225(b)(2) must receive a bond hearing within 90 days of detention or be released, regardless of mandatory detention language in the statute.
- Federal officials may not indefinitely detain individuals under mandatory detention provisions without providing individualized procedural protections.
- District courts will enforce Fifth Circuit precedent requiring release of detainees exceeding the 90-day threshold without a constitutionally adequate hearing.
- Proper notice and a hearing transcript are essential components of a constitutionally adequate bond determination.
Why It Matters
This decision enforces a critical procedural constraint on executive immigration detention power. By applying the Fifth Circuit’s recent Sosnava Rodriguez holding, the court signals that mandatory detention is not absolute; it remains subject to constitutional limits on detention length without judicial review. The 90-day deadline is strict, with no exceptions for administrative delays or backlogged immigration courts.
For practitioners, federal agencies, and detainees, this order has immediate consequences. ICE and DHS must prioritize bond hearings for detainees approaching or exceeding 90 days in custody or face involuntary release orders. The decision reinforces that the judiciary will police detention practices under immigration law, and that due process protections constrain even “mandatory” detention statutes when detention becomes prolonged and unreviewable.