Sandoval Rocha v. Noem et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HANS LEONARDO SANDOVAL ROCHA, §
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Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
CIVIL ACTION NO. H-25-6032
MEMORANDUM OFINION AND ORDER
In 2024 Hans Leonardo Sandoval Rocha ("Petitionern), a citizen
of Chile, was admitted to stay in the United States until July 10,
2024, as a Visa Waiver Visitor.1 On April 14, 2025, Petitioner was
arrested in Van, Texas, for "public order crimes."2 That same day,
Petitioner was transferred to immigration custody.3 On April 16,
2025, after issuing a notice of intent to remove Petitioner for
remaining in the United States beyond the ninety-day period,
Immigration and Customs Enforcement (" ICE") issued an order of
1Response to Petition for a Writ of Habeas Corpus Under 28
U.S.C. § 2241 ("Respondents' Response"), Docket Entry No. 11,
pp. 1-2. For purposes of identification, all page numbers re to
the pagination imprinted at the top of the page by the court's
Electronic Case Filing system.
2]J;L_ at 2.
3Id,
United States District Court
Southern District of Texas
ENTERED
June 23, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-06032 Document 22 Filed 06/23/26 in TXSD Page 1 of 3

removal. 4 On June 11, 2025, Petitioner filed an application for
asylum. 5
On December 12, 2025, Petitioner filed a Petition for a Writ
of Habeas Corpus Under 28 U.S.C. § 2241 ("Habeas Petition"),
arguing that his detention without a bond hearing violates § 1226
and due process. On May 18, 2026, after concluding that 8 U.S.C.
§ 1187 (c) (2) (E) did not authorize Petitioner's detention, the court
entered a memorandum opinion and order granting in part and denying
in part Petitioner's Habeas Petition and ordering Respondents to
provide Petitioner with a bond hearing.6
On June 1, 2026, an immigration judge denied Petitioner a bond
after finding that he was a flight risk.7 On June 8, 2026,
Petitioner's asylum application was pretermitted and he was ordered
removed to Chile.8
Because Petitioner has been provided a bond hearing, his claim
that his detention without a bond hearing violates due process is
moot.9 Moreover, to the extent Petitioner is alleging that his
41..9....,_ at 2-3.
5 Id.
6Memorandum Opinion and Order, Docket Entry No. 20, p. 5.
7Advisory to the Court, Docket Entry No. 21, p. 1; Order of
the Immigration Judge, Exhibit 1 to Advisory to the Court, Docket
Entry No. 21-1, p. 1.
8Order of the Immigration Judge, Exhibit 2 to Advisory to the
Court, Docket Entry No. 21-2, p. 1.
9Habeas Petition, Docket Entry No. 1, pp. 6-7. Petitioner
(continued ...)
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Case 4:25-cv-06032 Document 22 Filed 06/23/26 in TXSD Page 2 of 3

prolonged detention itse violates due process, that claim has
no merit. As explained in Garcia De La Cruz v. Bondi, Civil Action
No. H-2 5577, 2026 WL 309939 (S.D. Tex. Feb. 5, 2026), the Supreme
Court has made clear that "'[d]etention during removal proceedings
is a constitutionally ssible part of that process.'n at
*2 (quoting Demore y. Kim, 123 S. Ct. 1708, 1721-22 (2003)).
For the reasons explained above, Petitioner's Petition a
Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Docket Entry No. 1)
is DENIED.
The court will enter a final judgment in favor of Respondents.
SIGNED at Houston, Texas, on this 23rd June, 2026.
LAKE
SENIOR UNITED STATES DISTRICT JUDGE
9( ••• continued)
asserts four grounds for .Id....... Ground One was partially
granted in the court's May 18, 2026, memorandum opinion and order.
Memorandum Opinion and Order, Docket Entry No. 20, p. 5. The
constitutional claim Petitioner asserts in Ground One is addressed
above. Grounds Two and Three were denied in the court's May 18,
2026, memorandum opinion and order. Memorandum Opinion and Order,
Docket Entry No. 20, p. 3 n.14. Additionally, Ground Four, which
asserts that Petitioner's detention conditions violate due process,
relies on the fact that he is being subject to prolonged detention
and is thus addressed above. Habeas Petition, Docket Entry No. 1,
p. 7.
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