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Benitez v. Warden — Court denied immigration detainee’s habeas petition seeking release or a bond hearing

Unreported / Non-Citable

Case
Yosmany Dominguez Benitez v. Warden, ERO El Paso Camp East Montana, and Immediate Custodian of Petitioner; Mary De Anda-Ybarra, Field Office Director, Enforcement and Removal Operations, El Paso Field Office, U.S. Immigration and Customs Enforcement; David J. Venturella, U.S. Immigration and Customs Enforcement; Markwayne Mullin, Secretary, U.S. Department of Homeland Security; and Todd Blanche, Attorney General of the United States
Court
U.S. District Court for the Western District of Texas, El Paso Division
Judge
Leon Schydlower
Date Decided
October 13, 2026
Docket No.
3:26-cv-02452-LS
Topics
Immigration Detention; Habeas Corpus; Due Process; Bond Hearings

Background

Yosmany Dominguez Benitez, a Cuban citizen in removal proceedings, petitioned for habeas relief under 28 U.S.C. § 2241 while held in immigration custody. He had no final removal order, and the district court had jurisdiction to consider his challenge to pre-removal-order detention.

Benitez argued that his detention without a bond hearing violated federal law and due process. The court considered whether he was entitled to a bond hearing under 8 U.S.C. § 1226(a), whether his detention was instead mandatory under 8 U.S.C. § 1225(b)(2)(A), and whether detention during ongoing removal proceedings was unconstitutionally indefinite.

The Court’s Holding

The court denied the habeas petition. It held that the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi foreclosed Benitez’s claim to a bond hearing under § 1226(a). Because he had not shown that he was “clearly and beyond a doubt entitled to be admitted,” he was subject to mandatory detention under § 1225(b)(2)(A) while removal proceedings continued.

The court also rejected Benitez’s due-process challenge. Relying on Zadvydas v. Davis and Demore v. Kim, it reasoned that his detention was neither indefinite nor potentially permanent because it had a definite endpoint: the conclusion of removal proceedings, followed either by removal or release if the government failed to obtain a removal order. The court denied all pending motions as moot and directed the clerk to close the case.

Key Takeaways

  • In the Western District of Texas, Buenrostro-Mendez forecloses a pre-removal-order detainee’s claim to a bond hearing under § 1226(a) when § 1225(b)(2)(A) governs.
  • A person who cannot show that he is clearly and beyond a doubt entitled to admission is subject to mandatory detention under § 1225(b)(2)(A) during removal proceedings.
  • The court held that detention during ongoing removal proceedings is not unconstitutionally indefinite when the proceedings provide a definite termination point.

Why It Matters

The decision applies binding Fifth Circuit and Supreme Court precedent to reject both statutory and constitutional challenges to mandatory immigration detention during removal proceedings. It signals that similarly situated detainees in Texas are unlikely to obtain habeas relief based solely on the absence of a bond hearing or on the duration of detention before a final removal decision.

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