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Elles Mendez v. Mullin — denied habeas relief from mandatory immigration detention without a bond hearing

Unreported / Non-Citable

Case
Rosmery Elles Mendez v. Markwayne Mullin, Secretary of the U.S. Department of Homeland Security, et al.
Court
U.S. District Court for the Western District of Texas
Judge
Leon Schydlower
Date Decided
October 29, 2026
Docket No.
3:26-cv-02235-LS
Topics
Immigration Detention, Habeas Corpus, Bond Hearings, Due Process

Background

Rosmery Elles Mendez, a Colombian citizen in removal proceedings, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241 seeking release from immigration custody. She was not subject to a final removal order when the action was filed.

The district court recognized that it had jurisdiction over a § 2241 challenge to pre-removal-order immigration detention. The dispute concerned whether Elles Mendez was entitled to a bond hearing under 8 U.S.C. § 1226(a) or instead was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), and whether that detention violated due process.

The Court’s Holding

The court denied the habeas petition. Applying the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi, it held that Elles Mendez was subject to mandatory detention under § 1225(b)(2)(A) because she had not shown that she was “clearly and beyond a doubt entitled to be admitted.” That binding precedent foreclosed her claim to a bond hearing under § 1226(a).

The court also held that the Fifth Circuit’s en banc decision in Sosnava Rodriguez v. Vergara foreclosed the argument that mandatory detention under § 1225(b)(2)(A) violated due process. It denied all pending motions as moot and directed the clerk to close the case. The court further stated that if Elles Mendez had since received a final removal order, been removed, or been released, the petition was denied as moot.

Key Takeaways

  • A noncitizen in removal proceedings who is not clearly and beyond a doubt entitled to admission is subject to mandatory detention under § 1225(b)(2)(A) under controlling Fifth Circuit precedent.
  • The petitioner was not entitled to a bond hearing under § 1226(a).
  • Controlling en banc Fifth Circuit precedent foreclosed the petitioner’s due-process challenge to mandatory detention under § 1225(b)(2)(A).

Why It Matters

The decision applies two recent Fifth Circuit rulings that sharply limit habeas challenges seeking bond hearings or release from pre-removal-order immigration detention. In district courts within the Fifth Circuit, similarly situated petitioners cannot obtain relief by recasting § 1225(b)(2)(A) detention as discretionary detention under § 1226(a) or by asserting that the mandatory-detention provision itself violates due process.

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