Martinez Ortega v. Warden Houston Contract Detention Facility

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ERIKA JUDITH MARTINEZ ORTEGA, §
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Petitioner,
v. CIVIL ACTION NO. H-26-2894
MARTIN FRINK, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
Erika Judith Martinez Ortega ("Petitioner") , a citizen of
Mexico, entered the United States without inspection on December
15, 2000.1 On August 4, 2025, Petitioner was taken into
immigration custody by Immigration and Customs Enforcement
("ICE") . 2 That same day, ICE issued Petitioner a Notice to Appear,
charging her with inadmissibility pursuant to 8 D.S.C. §§
1182 (a) (6) (A) (i) and 1182 (a) (7) (A) (i) (I) .3
1Response to the Petition for Writ of Habeas Corpus and Motion
for Summary Judgment ("Respondents' MSJ"), Docket Entry No. 13, p.
2. For purposes of identification, all page numbers refer to the
pagination imprinted at the top of the page by the court's
Electronic Case Filing system.
2Id.
United States District Court
Southern District of Texas
ENTERED
June 10, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-02894 Document 15 Filed 06/10/26 in TXSD Page 1 of 3

On December 3, 2025, an immigration judge issued an order
regarding Petitioner's removal proceedings.4 In his order, the
immigration judge explained that Petitioner "is an exceptionally
strong candidate for adjustment of status" because (1) "she has
been paroled into the United States by the Department [of Homeland
Security] for the specific purpose of giving her eligib ity for
adjustment of status," (2) "[t]he visa petition filed by her U.S.
citizen daughter is an immediate relative petition with no waiting
period," and (3) she "is an extremely strong candidate for a
positive exercise of discretion, given her longstanding residence
in the United States for two and half decades, and her significant
family ties (including to 6 U.S. citizen children, one who served
in the U.S. military) ."5 Based on these circumstances, the
immigration judge found that Petitioner is "prima facie eligible
for an immediate relative visa and adjustment of status" and thus
terminated her removal proceedings.6 On January 2, 2026,
Respondents appealed the immigration judge's decision to terminate
4llJ...t..
5Order of the Immigration Judge, Exhibit 2 to Respondents'
MSJ, Docket Entry No. 13-2, p. 3. "An alien is eligible for adjust
of status if she establishes that: (1) she has been inspected and
admitted or paroled into the United States, (2) she is eligible to
receive an immigrant visa and has a visa immediately available to
her, (3) she is not statutorily barred, ( 4) she is admissible to
the United States under Section 212 (a) of the Immigration and
Nationality Act, or if inadmissible, is eligible for a waiver of
inadmissibility, and (5) she is worthy of a favorable exercise of
discretion." �
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Petitioner's removal proceedings to the Board of Immigration
Appeals. 7 Petitioner has remained in immigration custody while
Respondents' appeal is pending. 8
Pending before the court is Pet ioner's Petition for Writ of
Habeas Corpus (Docket Entry No. 1). Pet ioner argues that her
detention without a bond hearing violates due process. 9 Based on
the well reasoned opinion of the immigration judge, the court finds
that it is likely that Petitioner will not be removed. Petitioner
remains in custody because Respondents appealed the decision of the
immigration judge. Under the facts of this case the court
concludes that Petitioner should be afforded a bond hearing.
For the reasons explained above, Petitioner's Pet ion for a
Writ of Habeas Corpus (Docket Entry No. 1) is GRANTED. Respondents
are ORDERED to release Petitioner or to provide her a bond hearing
by June 22, 2026. Respondents are further ORDERED to file a status
report with the court by June 29, 2026.
SIGNED at Houston, Texas, on this the 10th day of June, 2026.
SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE
7Respondents' MSJ, Docket Entry No. 13, p. 2.
9 Petition for Writ of Habeas Corpus, Docket Entry No. 1, p. 5.
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