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Alvarado v. DHS — denied habeas relief from mandatory immigration detention without a bond hearing

Unreported / Non-Citable

Case
Ottoniela Alvarado v. Department of Homeland Security
Court
U.S. District Court for the Western District of Texas, El Paso Division
Judge
Leon Schydlower
Date Decided
October 29, 2026
Docket No.
3:26-cv-02188-LS
Topics
Immigration Detention; Habeas Corpus; Bond Hearings; Due Process

Background

Ottoniela Alvarado, a Venezuelan citizen in removal proceedings, petitioned for habeas relief under 28 U.S.C. § 2241 while held in immigration custody. She was not subject to a final removal order, and the court had jurisdiction to consider her challenge to pre-removal-order detention.

Alvarado sought release from custody during her removal proceedings, contending that her detention without a bond hearing violated federal immigration law or the Constitution. Her petition was one of more than 700 similar immigration-custody habeas petitions filed in the Western District of Texas.

The Court’s Holding

The court denied the habeas petition. Applying the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi, it held that Alvarado was subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) because she had not shown that she was clearly and beyond a doubt entitled to admission. That binding precedent foreclosed her claim that 8 U.S.C. § 1226(a) entitled her to a bond hearing.

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

Key Takeaways

  • A noncitizen in removal proceedings who cannot show that she is clearly and beyond a doubt entitled to admission is subject to mandatory detention under § 1225(b)(2)(A).
  • Under binding Fifth Circuit precedent, § 1226(a) does not entitle such a detainee to a bond hearing.
  • Fifth Circuit precedent also forecloses a due-process challenge to mandatory detention under § 1225(b)(2)(A).

Why It Matters

The ruling applies two recent Fifth Circuit decisions to reject both statutory and constitutional challenges to pre-removal immigration detention. For similarly situated detainees in Texas, Louisiana, and Mississippi, those precedents substantially limit habeas claims seeking bond hearings or release while removal proceedings remain pending.

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