Unreported / Non-Citable
Background
Henrry Cardosa Linares, a Cuban citizen, entered the United States without inspection in July 2022 and was initially apprehended but released on recognizance with a Notice to Appear. He filed an asylum application in October 2022 and lived in Amarillo, Texas for nearly four years, during which he worked and built community ties without any violation of his release conditions.
In November 2025, after the Department of Homeland Security and Department of Justice adopted a new legal position interpreting INA Section 235 as imposing mandatory detention on all noncitizens without admission (whether they arrive at ports of entry or enter without inspection), Linares was re-detained by ICE. An Immigration Judge ordered his removal on January 23, 2026, and his appeal was pending when he filed this habeas petition challenging his detention.
The Fifth Circuit had previously upheld the government’s mandatory detention authority in Buenrostro-Mendez v. Bondi (Feb. 2026), but that decision did not address whether the Constitution requires procedural protections before such detention occurs.
The Court’s Holding
The court granted Linares’ habeas petition, holding that even if mandatory detention is authorized by statute, the Fifth Amendment’s Due Process Clause requires that any civil detention be supported by constitutionally adequate procedures, including individualized justification. The court rejected the government’s position that Buenrostro forecloses as-applied due process challenges, noting that liberty interests must be protected by procedural safeguards.
Applying the Mathews v. Eldridge balancing test, the court found that Linares’ nearly four-year residence in the United States created a sufficient liberty interest. The court further held that his prior release, which created an expectation that he would remain free during the pendency of his removal proceedings, strengthened his liberty interest. Because the government failed to afford him any individualized hearing regarding detention and offered no justification specific to his circumstances, the detention violated due process.
The court ordered his immediate release by July 2, 2026, at 5:00 p.m., under his prior conditions of release, and held that if he is ever re-detained, he must be afforded procedural due process. All other relief, including attorney fees, was denied.
Key Takeaways
- Mandatory detention statutes do not eliminate Fifth Amendment due process requirements for individualized determinations before civil detention.
- Length of residence in the United States (here, nearly four years) can establish a sufficient liberty interest to trigger due process protections.
- A noncitizen’s prior release followed by re-detention creates an expectation interest that strengthens constitutional protections against detention.
- The Fifth Circuit’s decision upholding mandatory detention authority does not foreclose as-applied due process challenges in district court.
Why It Matters
This decision exposes a critical gap in the Fifth Circuit’s Buenrostro-Mendez ruling. While that decision permitted the government to detain all noncitizens without admission under Section 235, the Southern District of Texas has now held that the Constitution requires individualized consideration before detention occurs. For the significant population of undocumented immigrants with years-long residence, employment, and community ties in the United States, this ruling establishes that due process mandates bond hearings or other procedural safeguards before they can be detained under the new mandatory detention policy.
The decision reflects a tension between statutory authority and constitutional limits: Congress may broadly authorize detention, but the Fifth Amendment requires that such authority be exercised consistently with procedural fairness. As other district courts face similar challenges to mandatory detention, this reasoning—particularly the emphasis on prior release expectations and substantial ties to the United States—will likely influence outcomes across circuits.