Reported / Citable
Background
Robin Enrique Joffre Segundo is detained by U.S. Immigration and Customs Enforcement (ICE) under 8 U.S.C. § 1225(b)(2)(A) and has been in custody for more than 90 days. Through counsel, Joffre Segundo filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging the legality of his continued detention. The respondents—including Secretary of Homeland Security Kristi Noem—filed a motion for summary judgment seeking dismissal of the petition.
The Court’s Holding
The district court granted the habeas corpus petition in part, holding that Joffre Segundo is entitled to a bond hearing because he has been detained for more than 90 days. The court relied on the Fifth Circuit’s recent precedent in Sosnava Rodriguez v. Ortega (5th Cir. July 2, 2026), which establishes that detainees in this situation have a right to adjudication of their detention.
The court ordered respondents to either release Joffre Segundo from custody or provide a bond hearing by August 10, 2026. If a hearing is held, the government must articulate an individualized justification for continued detention without bond and must provide the petitioner and his counsel with at least 48 hours’ notice. The court denied the government’s motion for summary judgment and scheduled status updates for August 17 and September 10, 2026.
Key Takeaways
- Detainees held for more than 90 days under 8 U.S.C. § 1225(b)(2)(A) are entitled to a bond hearing under the Fifth Circuit’s Sosnava Rodriguez precedent.
- The government cannot continue detention beyond 90 days without either releasing the detainee or holding a hearing where it articulates an individualized justification for further detention.
- Respondents must provide adequate notice (48 hours) to the petitioner and counsel before any bond hearing or release.
- Summary judgment is not appropriate where a detainee challenges the basis for continued detention; factual development via bond hearing is required.
Why It Matters
This decision enforces the Fifth Circuit’s recent holding that prolonged immigration detention without individualized justification violates due process. The ruling applies the Sosnava Rodriguez standard in the Southern District of Texas, requiring ICE to either release detainees or justify their continued detention through an adversarial hearing after 90 days. For practitioners representing detained immigrants, this decision establishes a clear procedural pathway to challenge extended detention and forces the government to meet a substantive burden rather than simply maintaining custody.
The August 10, 2026 deadline imposes an immediate operational obligation on immigration authorities, signaling that federal courts will actively enforce habeas corpus protections for long-term detainees and will not defer to executive detention decisions without individualized justification.