5:26-cv-00716•ALMENDAREZ HERNANDEZ v. VERGARA et al
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O 1 / 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION SANTOS ANDRES ALMENDAREZ HERNANDEZ, Petitioner, § § § § § § § § § § V. CIVIL ACTION NO. 5:26-CV-00716 MIGUEL VERGARA, ET AL., Respondents. MEMORANDUM OPINION AND ORDER Petitioner is currently detained in federal immigration custody in Texas. Before the Court is Petitioner’s Amended Petition for Writ of Habeas Corpus, (Dkt. No. 5), and Respondents’ Motion for Summary Judgment, (Dkt. No. 10). The Court finds that Petitioner’s deprivation of liberty without constitutionally adequate procedures is a violation of his due process rights, and the failure to provide due process warrants his release. For the reasons stated below, Petitioner’s Petition for Writ of Habeas Corpus is granted in part. Respondents are ordered to release Petitioner by June 30, 2026, at 5:00 p.m. The parties are ordered to notify the Court of the status of Petitioner’s release by July 1, 2026, at 5:00 p.m. I. BACKGROUND A. Factual Background Petitioner, a citizen of Honduras, challenges his ongoing detention without a bond hearing. Petitioner entered the United States without inspection in 2007. (Dkt. No. 12 at 1).1 While living in the United States, he formed a common law marriage with a U.S. citizen and now has two U.S. citizen stepchildren. (Id.). Petitioner no criminal history 1 When citing to the page numbers of any document in the record, the Court will cite to the page numbering of the Court’s internal CM/ECF docket system, and not to the page numbers in the underlying documents. United States District Court Southern District of Texas ENTERED June 29, 2026 Nathan Ochsner, Clerk Case 5:26-cv-00716 Document 13 Filed 06/29/26 in TXSD Page 1 of 5
2 / 5 known to his counsel, and Respondents do not assert that Petitioner has criminal history. (See Dkt. No. 12 at 1; Dkt. No. 10). On March 9, 2026, Petitioner was detained by immigration officials and served a Notice to Appear in immigration court. (Dkt. No. 10 at 2). Petitioner has not received a substantive bond hearing while he’s been detained. (See Dkt. No. 12 at 2). Petitioner was ordered removed on May 28, 2026. (Id. at 1). However, he filed a timely appeal, which remains pending, so his removal order is not final. Automated Case Information, Exec. Off. Immigr. Rev., https://acis.eoir.justice.gov/en/caseinformation (last visited June 28, 2026); 8 C.F.R. § 1241.1. B. Legal Background The Department of Homeland Security (DHS) and Department of Justice (DOJ) released interim guidance in July 2025, announcing a new legal position on detention authorities for noncitizens. The guidance interpreted the mandatory detention provision of Section 235 of the Immigration and Nationality Act (INA), or 8 U.S.C. § 1225, as applying to the detention of all “applicants for admission,” including all noncitizens who have not been admitted, whether they arrive at a port of entry or enter without inspection. This position was adopted by the Board of Immigration Appeals (BIA) in September 2025. Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). In the months following the shift in policy, federal district courts across the country found the Government’s interpretation at odds with the text of the statute and ordered bond hearings, or release, for noncitizens subject to mandatory detention under the policy. See, e.g., Barco Mercado v. Francis, No. 25-CV-6582, 2025 WL 3295903, at *4, n.22 (S.D.N.Y. Nov. 26, 2025) (collecting cases). In February 2026, the Fifth Circuit held that Section 1225(b)(2) applies to all applicants for admission, regardless of whether they are actively “seeking admission” when they are detained. Buenrostro-Mendez v. Bondi, 166 F.4th 494, 502 (5th Cir. 2026). However, Buenrostro did not address the validity of due process claims such as those raised by Petitioner in this case. See, e.g., Bonilla Chicas v. Warden, No. 5:26-CV-131, 2026 WL 539475, at *4–5 (S.D. Tex. Feb. 20, 2026); see also Padron Covarrubias v. Vergara, No. 5:25-CV-112, 2025 WL 2950097 (S.D. Tex. Oct. 8, 2025), overruled by Buenrostro-Mendez, 166 F.4th 494 (explaining the Court’s prior Case 5:26-cv-00716 Document 13 Filed 06/29/26 in TXSD Page 2 of 5
3 / 5 statutory interpretation of Section 1225). C. Procedural Background Petitioner filed the instant petition for a writ of habeas corpus, maintaining that he is entitled to release from detention. In his petition, Petitioner asserts that his detention violates his rights under the Fifth Amendment. Petitioner requests, among other things, that this Court issue an order declaring his detention unlawful, immediately releasing him from custody or providing a bond hearing, and awarding reasonable attorney’s fees. II. DISCUSSION Respondents move for summary judgment, asserting that Petitioner is subject to mandatory detention and that his detention does not violate due process. The Court principally addresses Petitioner’s procedural due process claim and finds that his detention violates due process. The Court incorporates the legal standards and analysis applied in its prior order granting a petition for a writ of habeas corpus under similar facts. Lopez Moncebais v. Bondi, No. 5:26-CV-268, slip op. (S.D. Tex. Mar. 27, 2026). There, this Court found that Buenrostro does not foreclose due process challenges to mandatory detention, a noncitizen subject to mandatory detention may bring an as- applied due process challenge to 8 U.S.C. Section 1225(b)(2), Supreme Court precedent does not foreclose that type of challenge, and liberty interests in freedom from detention must be protected by due process of law, including individualized justification for civil detention. See id. The Court then applied the balancing test from Mathews v. Eldridge and found that the petitioner’s procedural due process rights had been violated. Id. at 13 (citing Mathews v. Eldridge, 424 U.S. 319, 333 (1976)). The Court ordered immediate release for the due process violation. Id. at 17.2 The Court finds that the same reasoning applies to these facts. Petitioner has resided in the United States since 2007. The Court’s reasoning in Lopez Moncebais relied on the petitioner’s length of residence in the United States in evaluating his liberty interest. Here, the Court finds that Petitioner’s residence in the United States since 2 The Court also denied attorney’s fees under the EAJA and incorporates that analysis here as well. Lopez Moncebais, No. 5:26-CV-268, slip op. at 17. Case 5:26-cv-00716 Document 13 Filed 06/29/26 in TXSD Page 3 of 5
4 / 5 2007—for nearly two decades—creates a sufficient liberty interest to require that his detention is safeguarded with constitutionally adequate procedures, including an individualized determination of whether he should be detained. For these reasons and the reasons discussed in the Court’s analysis in Lopez Moncebais, the Court finds that Petitioner’s detention violates his rights under the Due Process Clause of the Fifth Amendment, he is entitled to relief, and the appropriate remedy is to order Petitioner’s immediate release from custody.3 III. CONCLUSION For the foregoing reasons, Petitioner’s Amended Petition for Writ of Habeas Corpus, (Dkt. No. 5), is GRANTED in part and DENIED in part. Respondents’ Motion for Summary Judgment, (Dkt. No. 10), is DENIED. Respondents are ORDERED to RELEASE Petitioner from custody by June 30, 2026, at 5:00 p.m., under reasonable conditions of release, and to submit a status report to the Court confirming Petitioner’s release by July 1, 2026, at 5:00 p.m. Respondents must notify Petitioner’s counsel of the exact time and location of Petitioner’s release no less than two hours prior to Petitioner’s release from custody. Respondents are ordered to return Petitioner’s identity documents and personal effects upon his release. All other relief requested by Petitioner, including his request for attorney’s fees, is DENIED. If Petitioner is re-detained, Petitioner must be afforded procedural due process as 3 A district court has equitable discretion in determining the appropriate remedy “as law and justice require” for unlawful detention in a habeas petition. See Brown v. Davenport, 596 U.S. 118, 127–28 (2022). The Court finds that the specific harm Petitioner suffered—unlawful deprivation of liberty without due process—is remedied by granting his immediate release, rather than ordering a bond hearing. As explained in Lopez Moncebais, “[t]he Court recognizes the weight of its decision to order Petitioner’s release from custody.” No. 5:26-CV-268, slip op. at 16. Though, the Court reaches this conclusion for several reasons. First, the Fifth Circuit has held that Section 1226(a), which provides for a bond hearing, does not apply to any applicants for admission. Buenrostro-Mendez, 166 F.4th 494. Additionally, a hearing after Petitioner’s unjustified deprivation of liberty does not cure the deprivation. See Bonilla Chicas, No. 5:26 CV-131, 2026 WL 539475, at *12. Finally, the Court finds that an Immigration Judge would be unlikely to hold the bond hearing if ordered because the BIA’s position is that there is no jurisdiction to hold bond hearings for all applicants for admission detained under Section 1225(b)(2). Matter of Yajure Hurtado, 29 I. & N. Dec. 216; see also Rojas v. Noem, No. EP-25-CV-443, 2025 WL 3038262, at *4, n.2. Case 5:26-cv-00716 Document 13 Filed 06/29/26 in TXSD Page 4 of 5
5 / 5 guaranteed by the Due Process Clause of the Fifth Amendment. A final judgment will follow. It is so ORDERED. SIGNED on June 29, 2026. ______________________________ John A. Kazen United States District Judge Case 5:26-cv-00716 Document 13 Filed 06/29/26 in TXSD Page 5 of 5
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