Unreported / Non-Citable
Background
Adilver Alexander Marroquin Francisco, a citizen of El Salvador, entered the United States without inspection on an unknown date. Immigration authorities took him into custody on July 4, 2026, and served him with a notice to appear charging him as inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i) because he was present without having been admitted or paroled.
Marroquin Francisco filed a habeas petition under 28 U.S.C. § 2241, arguing that his continued detention without a bond hearing violated due process. The respondents moved for summary judgment, contending that he was an applicant for admission subject to mandatory detention under 8 U.S.C. § 1225(b)(2).
The Court’s Holding
The court held that Marroquin Francisco’s presence in the United States without admission made him an applicant for admission and therefore subject to mandatory detention under § 1225(b)(2). Relying on Fifth Circuit precedent, the court concluded that the statute governed his detention.
The court further held that mandatory detention during his removal proceedings did not violate substantive or procedural due process. Because an applicant for admission has only the admission-related rights Congress has provided by statute, and § 1225(b)(2) requires detention until specified proceedings conclude, Marroquin Francisco was not constitutionally entitled to a bond hearing. The court granted the respondents’ motion for summary judgment, denied the habeas petition, and stated that it would enter final judgment for the respondents.
Key Takeaways
- A noncitizen present in the United States without admission is treated as an applicant for admission for purposes of § 1225(b)(2).
- Section 1225(b)(2) mandates detention of covered applicants for admission while the relevant immigration proceedings remain pending.
- The court rejected both substantive- and procedural-due-process grounds for requiring an individualized bond hearing.
Why It Matters
The decision applies Fifth Circuit authority to foreclose a bond-hearing claim by a person detained after entering without inspection. In the Southern District of Texas, similarly situated habeas petitioners face a substantial barrier when challenging § 1225(b)(2) detention on constitutional grounds.