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Martinez Donjuan v. Tate — Court ordered release or a prompt bond hearing for detained DACA recipient

Unreported / Non-Citable

Case
Brian Martinez Donjuan v. Randy Tate
Court
U.S. District Court for the Southern District of Texas
Judge
Sim Lake
Date Decided
October 27, 2026
Docket No.
4:26-cv-09335
Topics
Immigration Detention, Bond Hearings, Habeas Corpus, Due Process

Background

Brian Martinez Donjuan, a Mexican citizen, entered the United States in 2000 at age three and later received Deferred Action for Childhood Arrivals. Immigration authorities took him into custody on August 25, 2026.

On September 22, 2026, the government issued a Notice to Appear classifying Martinez Donjuan as an admitted alien and charging him as removable for remaining in the United States longer than permitted. He remained detained without a bond hearing and petitioned for habeas relief, arguing that detention without such a hearing violated due process.

The Court’s Holding

The court held that Martinez Donjuan was not subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Because he was admitted to the United States and later became removable for overstaying, his detention was governed by 8 U.S.C. § 1226(a), under which federal regulations provide for a bond hearing at the outset of detention.

The court granted the habeas petition in part and ordered the respondent either to release Martinez Donjuan or provide him with a bond hearing by November 6, 2026. It also ordered the respondent to file a status report by November 13, 2026.

Key Takeaways

  • An admitted noncitizen who later becomes removable for overstaying is detained under § 1226(a), not the mandatory-detention provision in § 1225(b)(2).
  • Noncitizens detained under § 1226(a) are entitled under federal regulations to a bond hearing at the outset of detention.
  • The remedy required the government either to release Martinez Donjuan or provide a bond hearing by a court-imposed deadline.

Why It Matters

The decision applies the Fifth Circuit’s distinction between applicants for admission subject to § 1225(b)(2) and admitted noncitizens whose later removability places them under § 1226(a). For immigration practitioners, the classification determines whether a detained client is entitled to seek release through an initial bond hearing.

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