Reported / Citable
Background
Kenia Marisol Fuentes Mayorga, an ICE detainee, filed a habeas corpus petition under 28 U.S.C. § 2241 challenging her detention by the Department of Homeland Security, Immigration and Customs Enforcement. Fuentes Mayorga is detained under 8 U.S.C. § 1225(b)(2)(A) and has been in custody for more than 90 days. Respondents filed a motion for summary judgment seeking to dismiss the petition.
The Court’s Holding
The court granted the habeas petition in part, relying on the Fifth Circuit’s July 2, 2026 decision in Sosnava Rodriguez v. Ortega, which establishes that detainees held beyond 90 days under § 1225(b)(2)(A) are entitled to a bond hearing. The court ordered respondents to either release Fuentes Mayorga or provide a bond hearing by August 10, 2026.
If a bond hearing is held, the government must articulate an individualized justification for continued detention without bond and provide at least 48 hours’ notice to the petitioner and counsel. The court denied respondents’ motion for summary judgment and granted in part the petitioner’s motion for judgment. The parties must file status updates by August 17, 2026 and an advisory by September 10, 2026 regarding disposition or remaining issues.
Key Takeaways
- Detainees held under § 1225(b)(2)(A) for more than 90 days have a Fifth Circuit-recognized right to a bond hearing.
- The government cannot continue detention beyond 90 days without either conducting a bond hearing or releasing the detainee.
- If a hearing is held, the government bears the burden of articulating an individualized justification for continued detention without bond.
- Procedural protections include at least 48 hours’ advance notice to the detainee and counsel.
Why It Matters
This decision applies recent Fifth Circuit precedent requiring bond hearings for prolonged immigration detentions, extending due process protections to ICE detainees. The ruling establishes that prolonged detention without individualized justification violates habeas rights, affecting how ICE manages custody of immigration detainees in the Southern District of Texas and Fifth Circuit jurisdiction.