Reported / Citable
Background
Sergio Luis Gallo Reyes, detained by U.S. Immigration and Customs Enforcement (ICE), filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his continued detention. Reyes was held under 8 U.S.C. § 1225(b)(2)(A) and had been detained for more than 90 days at the time of filing. Respondents, including Raymond Thompson, moved for summary judgment seeking to dismiss the petition.
The case presented a straightforward legal question: whether an immigration detainee held beyond 90 days is entitled to a bond hearing under recent Fifth Circuit precedent.
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, No. 26-50183. The court held that Reyes, having been detained for more than 90 days under § 1225(b)(2)(A), is entitled to a bond hearing as a matter of law.
The court ordered that unless the government provides a bond hearing by August 10, 2026, Reyes must be released from custody. If a hearing is held, the government must “articulate an individualized justification for further detention without bond.” The government must provide at least 48 hours’ notice to Reyes and his counsel before any bond hearing or release. The court denied respondents’ motion for summary judgment and required the parties to file status updates by August 17, 2026 and an advisory by September 10, 2026 regarding the case’s status.
Key Takeaways
- Immigration detainees held beyond 90 days under § 1225(b)(2)(A) are categorically entitled to bond hearings under Fifth Circuit precedent.
- The government cannot rebut this entitlement through summary judgment; it must provide individualized justification at a hearing if continued detention is sought.
- Procedural protections—including 48 hours’ notice—apply to ensure meaningful opportunity to be heard on bond.
- District courts enforce this Fifth Circuit precedent promptly through habeas relief.
Why It Matters
This order enforces a significant Fifth Circuit protection for immigration detainees. By implementing Sosnava Rodriguez, the court ensures that prolonged ICE detention cannot proceed without judicial review and individualized government justification—a meaningful check on executive detention power. The strict August 10 deadline gives teeth to the entitlement, preventing indefinite delay.
The decision signals that detention under § 1225(b)(2)(A) cannot be open-ended and reinforces that detainees’ Fifth Circuit-secured right to a bond hearing is not waivable through government motion practice. This has immediate practical impact for the immigration detention system in the Fifth Circuit, which includes Texas, Louisiana, and Mississippi.