Reported / Citable
Background
Nery Rodolfo Carranza-Arana, a Guatemalan citizen detained at the Port Isabel Detention Center, filed a habeas petition under 28 U.S.C. § 2241 challenging his detention without an individualized bond hearing. He said he had been detained since January 20, 2026.
DHS placed Carranza-Arana in removal proceedings under 8 U.S.C. § 1225(b)(2)(A). An immigration judge ordered his removal on March 27, 2026, and his appeal to the Board of Immigration Appeals remained pending. Carranza-Arana acknowledged that he entered the United States without admission or parole in 2009.
The Court’s Holding
Magistrate Judge Ignacio Torteya, III recommended denying the petition and closing the case. The recommendation concluded that Fifth Circuit precedent in Buenrostro-Mendez v. Bondi foreclosed Carranza-Arana’s statutory argument that he was improperly classified as an applicant for admission under § 1225(b)(2)(A).
The magistrate judge further concluded that mandatory detention without a bond hearing while removal proceedings remain pending did not violate Carranza-Arana’s Fifth Amendment due-process rights. Applying the reasoning of Demore v. Kim, the recommendation found that detention during removal proceedings is constitutionally permissible in light of the government’s interest in preventing noncitizens from absconding.
Key Takeaways
- Under Fifth Circuit precedent, a noncitizen present without admission is deemed an applicant for admission for purposes of § 1225.
- Section 1225(b)(2)(A) requires detention during removal proceedings, subject to narrow statutory exceptions.
- The filing is a magistrate judge’s report and recommendation, subject to objections and district-court review.
Why It Matters
The recommendation applies Buenrostro-Mendez to reject a bond-hearing challenge by a long-present, unadmitted noncitizen in removal proceedings. It also treats the constitutional question separately, concluding that the duration and pending BIA appeal did not make this pre-removal detention unconstitutional.