Hechavarria v. Frink

UNITED STATES DISTRICT COURT
SOUTHERN DISTRJCT OF TEXAS
HOUSTON DIVISION
MELISSA GARCIA HECHAVARRIA, 	§
§
§
§
Petitioner,
vs. 	§ 	CIVIL ACTION NO . 4:26-CV-02262
§
MARTIN FRJNK, et al. , 	§
§
Respondents. 	§
ORDER
The petitioner, Melissa Garcia Hechavarria, is a noncitizen in custody of the United
States Department of Homeland Security, Immigration and Customs Enforcement ("ICE")
officials at the Houston Contract Facility. She filed this prose petition for a writ of habeas
corpus under 28 U.S.C. § 2241 , challenging her prolonged detention. 	See Doc. No. 1.
Respondents have filed a motion for summary judgment (Doc. No. 7) , to which Petitioner
has filed a response in opposition (Doc. No. 8).
The petitioner is detained under 8 U.S.C. § 1225(b)(2)(A) and has been detained for
more than 90 days; therefore, she is entitled to a bond hearing based on the Fifth Circuit's
recent opinion in Sosnava Rodriguez v. Ortega, No. 26-50183 , 2026 WL 19065 57 (5th Cir.
July 2, 2026). Accordingly, the Court ORDERS as follows:
1. The petition for a writ of habeas corpus is GRANTED in part.
2. 	Respondents shall release the petitioner from custody unless the government
provides a bond hearing by August 10, 2026. If a bond hearing is held, the
1 / 2
United States District Court
Southern District of Texas
ENTERED
July 08, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-02262 Document 9 Filed 07/08/26 in TXSD Page 1 of 2

2 / 2
government "must articulate an individualized justification for further detention
without bond." Sosnava Rodriguez, 2026 WL 1906557, at* 16 . The government
shall provide 	at 	least 	48 	hours' 	notice 	to 	the 	petitioner and 	counsel 	(if
applicable) before the bond hearing, if such is held, or before release.
3. 	The parties must confer and file a joint update with the Court by August 17,
2026, informing the Court of the result of any hearing and the petitioner 's
custody status.
4. 	The parties must file an advisory by September 10, 2026, stating whether this
case may be closed or what other issues remain for adjudication.
5. 	Respondents ' motion for summary judgment (Doc. No. 7) is DENIED.
6. 	All other pending motions, if any, are DENIED as MOOT.
SO ORDERED.
1'--
SIGNED this 	~ 	day of July 2026.
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
Case 4:26-cv-02262 Document 9 Filed 07/08/26 in TXSD Page 2 of 2