Reported / Citable
Background
Wilbur Alexander Morales Paredes, detained by Immigration and Customs Enforcement (ICE) under 8 U.S.C. § 1225(b)(2)(A), filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his detention. The respondents—including Attorney General Pamela Jo Bondi—moved for summary judgment in favor of the government.
At the time of the petition, Morales Paredes had been in ICE custody for more than 90 days without a bond hearing to determine whether continued detention was justified.
The Court’s Holding
The court granted the habeas petition in part. Judge Andrew S. Hanen applied Fifth Circuit precedent from Sosnava Rodriguez v. Ortega (5th Cir. July 2, 2026), holding that immigration detainees held beyond 90 days under 8 U.S.C. § 1225(b)(2)(A) are entitled to a bond hearing.
The court ordered that the government must either release Morales Paredes or provide a bond hearing by August 7, 2026. Critically, 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 the petitioner and counsel before the hearing or release. The court denied the government’s motion for summary judgment.
Key Takeaways
- Immigration detainees held beyond 90 days have a statutory right to a bond hearing under Fifth Circuit law.
- The government cannot hold a detainee indefinitely without providing individualized justification for continued detention.
- Detainees and counsel must receive advance notice and a meaningful opportunity to be heard before detention continues.
Why It Matters
This decision reinforces procedural protections for long-term immigration detainees by applying the Fifth Circuit’s recent holding in Sosnava Rodriguez. It prevents indefinite detention without judicial review and requires the government to justify detention on individualized grounds rather than rely on categorical detention policies.
For immigration practitioners representing detainees, this ruling ensures that clients held beyond 90 days have a clear pathway to challenge their detention and obtain a hearing where the government must meet its burden of proof.