Unreported / Non-Citable
Background
Anyamelani Diaz Guerra, a Cuban citizen in removal proceedings, petitioned for habeas relief under 28 U.S.C. § 2241 while detained at the El Paso Processing Center. The parties had not informed the court that Diaz Guerra was subject to a final removal order, had been removed, or had otherwise been released.
Diaz Guerra sought release from immigration custody during the removal proceedings. The court explained that it had jurisdiction over a § 2241 challenge to pre-removal-order detention but that recent Fifth Circuit decisions controlled the merits.
The Court’s Holding
The court denied the habeas petition. Under the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi, Diaz Guerra was not entitled to a bond hearing under 8 U.S.C. § 1226(a). Because Diaz Guerra was not “clearly and beyond a doubt entitled to be admitted,” the court held that mandatory detention applied under 8 U.S.C. § 1225(b)(2)(A).
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. It denied all pending motions as moot and directed the clerk to close the case. The court added that if Diaz Guerra had received a final removal order, been removed, or been released, 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 8 U.S.C. § 1225(b)(2)(A) under controlling Fifth Circuit precedent.
- The court rejected any claimed right to a bond hearing under 8 U.S.C. § 1226(a).
- Binding en banc Fifth Circuit precedent foreclosed the due-process challenge to mandatory detention under § 1225(b)(2)(A).
Why It Matters
The ruling applies recent Fifth Circuit precedent to deny bond-hearing and due-process challenges by people held in immigration custody during removal proceedings. It indicates that similarly situated detainees in district courts within the Fifth Circuit face binding authority requiring detention under § 1225(b)(2)(A).