Unreported / Non-Citable
Background
Marco Antonio Garcia Rendon, a Mexican citizen in removal proceedings without a final removal order, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241. He sought release from immigration custody, challenging his detention without a bond hearing.
The district court had jurisdiction to consider a challenge to pre-removal-order immigration detention. It evaluated Garcia Rendon’s claims under 8 U.S.C. §§ 1225 and 1226, the Due Process Clause, the Administrative Procedure Act, and United States ex rel. Accardi v. Shaughnessy.
The Court’s Holding
The court denied the habeas petition. It held that the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi foreclosed Garcia Rendon’s claim to a bond hearing under § 1226(a). Because he had not shown that he was clearly and beyond a doubt entitled to admission, § 1225(b)(2)(A) required his detention during removal proceedings.
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. Garcia Rendon’s APA and Accardi theories likewise failed because the governing statute mandated detention, leaving no final unlawful agency action to review. The court denied all pending motions as moot and ordered the case closed.
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 statutory claim to a § 1226(a) bond hearing and the constitutional challenge to mandatory detention.
- APA and Accardi claims could not overcome the detention requirement imposed by the statute.
Why It Matters
The decision applies recent Fifth Circuit precedent to reject statutory, constitutional, and administrative-law challenges to mandatory pre-removal detention. For similarly situated detainees in Texas, Louisiana, and Mississippi, those precedents substantially narrow the grounds available for obtaining a bond hearing or release through § 2241.