Leyva-Suarez et al v. Frink

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DALILA LEYVA-SUAREZ, 	§
§
§
§
Petitioners,
VS. 	§ 	CIVIL ACTION NO. 4:26-CV-01994
§
MARTIN FRINK, et al., 	§
§
Respondents. 	§
ORDER
Petitioner, Dalila Leyva-Suarez, is in custody of United States Department of
Homeland Security, Immigration and Customs Enforcement ("ICE") officials. 	She filed
this petition under 28 U.S.C. § 2241 to challenge her ongoing immigration detention.
Respondents have filed a motion for summary judgment (Doc. No. 9), to which Petitioner
has filed a response in opposition (Doc. No. 10).
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 1906557 (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
government "must articulate an individualized justification for further detention
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United States District Court
Southern District of Texas
ENTERED
July 08, 2026
Nathan Ochsner, Clerk
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without bond." Sosnava Rodriguez, 2026 WL 1906557, at* 16. The government
shall provide at least 48 hours' notice to the petitioner and counsel 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, infonning 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. 9) is DENIED.
6. 	All other pending motion s, if any, are DENIED as MOOT.
SO ORDERED .
.\A--
SIGNED this __~	__ day of July 2026.
AN DREWS. HANEN
UNITED STATES DISTRJCT JUDGE
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