Unreported / Non-Citable
Background
Xochil Gabriela Aleman-Ruiz, a Nicaraguan 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 order of removal, and the district court had jurisdiction to consider her challenge to pre-removal-order detention.
The petition was one of more than 700 filed in the Western District of Texas seeking release from immigration custody during removal proceedings. The court considered whether Aleman-Ruiz was entitled to a bond hearing under 8 U.S.C. § 1226(a) and whether her mandatory detention under 8 U.S.C. § 1225(b)(2)(A) violated due process.
The Court’s Holding
The court denied the habeas petition. It held that the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi foreclosed the argument that Aleman-Ruiz was unlawfully detained for lack of a bond hearing under § 1226(a). Because she had not shown that she was “clearly and beyond a doubt entitled to be admitted,” the court concluded that § 1225(b)(2)(A) required her detention during removal proceedings.
The court also held that the Fifth Circuit’s en banc decision in Sosnava Rodriguez v. Vergara foreclosed Aleman-Ruiz’s 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 added that if Aleman-Ruiz had received a final removal order, been removed, or otherwise been released after filing suit, the petition was denied as moot.
Key Takeaways
- A noncitizen in removal proceedings who cannot show a clear entitlement to admission is subject to mandatory detention under § 1225(b)(2)(A).
- Binding Fifth Circuit precedent foreclosed both the request for a § 1226(a) bond hearing and the due-process challenge to mandatory detention.
- Release, removal, or entry of a final removal order may make a habeas request for release from pre-removal detention moot.
Why It Matters
The ruling applies recent Fifth Circuit precedent to reject habeas challenges seeking bond hearings or release for people detained under § 1225(b)(2)(A) while removal proceedings remain pending. It indicates that district courts within the Fifth Circuit are bound to deny materially similar statutory and due-process claims.