Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ERNESTO ALEXANDER DOMINGUEZ CRUZ,
Petitioner,
v. No. 2:26-cv-01416-KG-JFR
DORA CASTRO, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Ernesto Alexander Dominguez Cruz’s Petition for a
Writ of Habeas Corpus, Doc. 1, and the Government’s Response, Doc. 7. Because Petitioner
presents a purely legal question, the Court declines to hold a hearing, see 28 U.S.C. § 2243, and
orders his immediate release.
I. Background
Petitioner, a citizen and national of El Salvador, entered the United States in December
2018. Doc. 1 at 13. Upon entry, Petitioner was detained by Customs and Border Protection
Officers near the Southern border. Id. The Department of Homeland Security (“DHS”) released
him on his own recognizance. Id. Shortly thereafter, DHS served Petitioner with a Notice to
Appear (“NTA”), charging him as inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i). Id. at 14.
Prior to his asylum, Petitioner resided in Minnesota and lawfully for a workers’ rights
advocacy group. Id. He timely filed for asylum and complied with all immigration
requirements. Id.
On January 31, 2026, Petitioner was arrested and redetained in Minneapolis, Minnesota.
Id. Immigration and Customs Enforcement (“ICE”) initially detained him in El Paso, Texas,
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before transferring him to the Otero County Processing Center in Chaparral, New Mexico. Id. at
15. He has not received an individual bond determination. Id.
On March 6, 2026, an immigration judge denied Petitioner’s asylum application and
ordered him removed. Id. Petitioner timely appealed that decision to the Board of Immigration
Appeals (“BIA”), and that appeal remains pending. Id.
Petitioner argues that his detention violates the Fifth Amendment’s Due Process Clause,
id. at 16–19, and the Immigration and Nationality Act (“INA”), id. at 19–20. He seeks
immediate release. Id. at 20. The Government opposes the petition. See Doc. 7.
II. Standard of Review
A petition for a writ of habeas corpus seeks “release from unlawful physical
confinement.” Preiser v. Rodriguez, 411 U.S. 475, 485 (1973). Habeas corpus review is
available if a noncitizen is “in custody in violation of the Constitution or laws or treaties of the
United States.” 28 U.S.C. § 2241(c)(3); see also Zadvydas v. Davis, 533 U.S. 678, 687 (2001).
III. Analysis
The Court concludes that (A) Petitioner’s detention violates the INA, (B) Petitioner’s
detention violates the Due Process Clause of the Fifth Amendment, and (C) release is warranted.
A. Petitioner’s detention violates the INA.
The INA establishes distinct detention regimes depending on whether a noncitizen is
“seeking admission” to the United States. See Jennings v. Rodriguez, 583 U.S. 281, 288–89
(2018). First, 8 U.S.C. § 1225 governs noncitizens detained at a port of entry or shortly after
entry, who are treated as “[noncitizens] seeking admission into the country.” Dep’t of Homeland
Sec. v. Thuraissigiam, 591 U.S. 103, 140 (2020). Absent exceptions irrelevant here, § 1225
“mandates detention and affords no bond hearing.” Pu Sacvin v. De Anda-Ybarra, 2025 WL
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3187432, at *1 (D.N.M.). By contrast, 8 U.S.C. § 1226(a) sets forth “the default rule” for
detaining noncitizens “already in the country.” Jennings, 583 U.S. at 303. Section 1226(a)
authorizes the arrest and detention of noncitizens, “on a warrant issued by the Attorney
General...pending a decision on whether [they are] to be removed.” Under federal regulations, a
noncitizen detained under § 1226(a) is entitled to an individualized bond hearing at the “outset of
detention.” Jennings, 583 U.S. at 306.
Consistent with the majority of district courts to consider the issue, the Court concludes
that § 1226(a) governs here.1 See Barco Mercado v. Francis, 2025 WL 3295903, at *13
(S.D.N.Y.) (collecting 362 district-court opinions nationwide). Petitioner has resided and
worked lawfully in the United States while pursuing his asylum claim. Doc. 1 at 14–15.
Although an IJ has ordered Petitioner removed, that order is not yet administratively final
because Petitioner’s administrative appeal remains pending before the BIA. Id. Until the agency
completes that review process, there has been no final determination as to “whether [Petitioner]
is to be removed,” and detention remains governed by § 1226(a). See Jennings, 583 U.S. at 303.
His detention without a bond determination is therefore unlawful under the INA.
Moreover, this Court’s prior decisions support the same conclusion. The Government
concedes that the material facts here are “substantially similar” to those in Patel v. Noem, 2026
WL 103163 (D.N.M.), in which the Court concluded that § 1226 governs. Doc. 7 at 2. The
Court has reached the same conclusion in numerous similar cases. See, e.g., Pu Sacvin v. De
1 The Second Circuit has held that individuals like Petitioner are entitled to a bond
hearing under 8 U.S.C. § 1226(a). See Cunha v. Freden, --- F.4th ----, 2026 WL 1146044 (2d
Cir. 2026). The Fifth and Eighth Circuits have reached the opposite conclusion. See
Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026); Avila v. Bondi, 170 F.4th 1128 (8th
Cir. 2026). The Tenth Circuit has not yet addressed the question.
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Anda-Ybarra, 2025 WL 3187432, at *3 (D.N.M.); Arroyo Lopez v. Noem, 2026 WL 776332, at
*3 (D.N.M.); Aguilar v. Lyons, 2026 WL 851237, at *2 (D.N.M.). Because the Government
offers no new basis for Petitioner’s continued detention, Petitioner is entitled to relief.
B. Petitioner’s detention violates the Due Process Clause.
The Fifth Amendment’s Due Process Clause prohibits the Government from depriving
any person of “life, liberty, or property, without due process of law[.]” U.S. Const. amend. V.
“Freedom from imprisonment—from government custody, detention, or other forms of physical
restraint—lies at the heart of the liberty that [the Due Process] Clause protects.” Zadvydas, 533
U.S. at 690. “It is well established that the Fifth Amendment entitles [noncitizens] to due
process of law in deportation proceedings.” Reno v. Flores, 507 U.S. 292, 306 (1993); see also
Zadvydas, 533 U.S. at 693. The Government’s power to admit or exclude aliens is no longer
plenary once an alien enters the country, because the Due Process Clause applies to “all
persons.” Landon v. Plasencia, 459 U.S. 21, 32 (1982) (“Once an alien gains admission to our
country and begins to develop the ties that go with permanent residence his constitutional status
changes accordingly.”). Because § 1226(a) is controlling here, Petitioner “is entitled—as a
right—to an individualized bond hearing” and his detention “constitutes an ongoing violation of
[his] right to due process.” Cortez-Gonzalez v. Noem, 2025 WL 3485771, at *5 (D.N.M.).
C. The proper remedy is release.
The Court next considers the appropriate remedy. Federal courts are authorized under
§ 2243 to “dispose of [a habeas petition] as law and justice require” and possess broad discretion
to fashion appropriate relief. Clayton v. Jones, 700 F.3d 435, 443 (10th Cir. 2012); see also
Burton v. Johnson, 975 F.2d 690, 693 (10th Cir. 1992) (noting that a federal court “possesses
power to grant any form of relief necessary to satisfy the requirement of justice”) (emphasis in
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original). Given the Government’s conduct here, release is warranted. See Singh v. Carnes,
2026 WL 446579, at *1 (D.N.M.) (ordering release where the Government “failed to articulate a
legitimate interest in Petitioner’s continued detention”); Palomeque-Carrion v. Bondi, 2026 WL
895567, at *2 (D.N.M.) (same).
IV. Conclusion
For the reasons above, the Court orders that:
1. The Petition for Writ of Habeas Corpus, Doc. 1, is granted. The Government shall
release Petitioner within 24 hours of this Order. The Government shall not impose any
new conditions of release.
2. Unless Petitioner’s order of removal becomes final, the Government is enjoined from
redetaining Petitioner absent a predetention hearing at which the Government must
establish, by clear and convincing evidence, that Petitioner poses a danger or flight risk.
3. The Government shall file a status report within 10 business days of this Order certifying
compliance.
4. The Court does not address Petitioner requests for attorneys’ fees under the Equal Access
to Justice Act, 28 U.S.C. § 2412. Such a request must be made by separate motion.
IT IS SO ORDERED.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its
authenticity, please refer to the Digital File
Stamp on the NEF (Notice of Electronic
Filing) accompanying this document.
Electronically filed documents can be found
on the Court’s PACER public access
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