5:26-cv-00746•Contreras-Betancourt v. Blanche et al
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O 1 / 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION JUNIOR CONTRERAS- BETANCOURT, Petitioner, § § § § § § § § v. CIVIL ACTION NO. 5:26-CV-00746 TODD BLANCHE, ET AL., Respondents. MEMORANDUM OPINION AND ORDER Petitioner is currently detained in federal immigration custody in Texas. Before the Court is Petitioner’s Verified Petition for Writ of Habeas Corpus, (Dkt. No. 1), and Respondents’ Motion for Summary Judgment, (Dkt. No. 8). 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 May 21, 2026, at 5:00 p.m. The parties are ordered to notify the Court of the status of Petitioner’s release by May 22, 2026, at 5:00 p.m. I. BACKGROUND A. Factual Background Petitioner, a citizen of Venezuela, challenges his ongoing detention without a bond hearing. Petitioner entered the United States without inspection in 2021 and has remained continuously present in the country since then. (See Dkt. No. 1 at 6).1 Shortly after entering the United States, Petitioner was apprehended by immigration officials. (See id.). He was subsequently released on humanitarian parole and served a Notice to 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 May 20, 2026 Nathan Ochsner, Clerk Case 5:26-cv-00746 Document 10 Filed 05/20/26 in TXSD Page 1 of 5
2 / 5 Appear. (Id.; Dkt. No. 8 at 2). Petitioner’s humanitarian parole expired on October 26, 2021. (Dkt. No. 1 at 7; Dkt. No. 8 at 2). Separately, Petitioner applied for and received Temporary Protected Status (TPS) from June 18, 2024, to April 2, 2025. (Dkt. No. 1-9). After Petitioner was granted TPS, his proceedings in immigration court were dismissed without prejudice. (Dkt. No. 8-4). Petitioner represents that he has no criminal history. (Dkt. No. 1 at 15; see also Dkt. No. 8-3 at 2). In February 2026, Petitioner was re-detained during an immigration enforcement operation in Houston, Texas. (Dkt. No. 8-3 at 2). He was served a new Notice to Appear. (Dkt. No. 8-5). Petitioner has not received a bond hearing since he’s been detained. (Dkt. No. 1 at 8). 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-00746 Document 10 Filed 05/20/26 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 raises several claims for relief: violation of due process under the Fifth Amendment, violation of the Administrative Procedure Act, violation of equal protection under the Fifth Amendment, equitable estoppel, and violation of the suspension clause. Petitioner requests, among other things, that this Court issue an order declaring his detention unlawful, immediately release him from custody, and award reasonable attorney’s fees. II. DISCUSSION Respondents move for summary judgment, asserting that Petitioner is subject to mandatory detention pursuant to Buenrostro and that his detention does not violate due process. The Court principally addresses Petitioner’s due process claim and finds that his detention violates due process.2 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 17.3 The Court finds that the same reasoning applies to these facts, though Petitioner’s length of presence in the United States is factually distinct from Lopez Moncebais. 2 Because the Court grants Petitioner’s requested relief without consideration of his other claims, the Court will decline to address the merits of those claims. 3 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-00746 Document 10 Filed 05/20/26 in TXSD Page 3 of 5
4 / 5 Petitioner has resided in the United States since 2021. 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 2021 still 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. Additionally, the Court has previously found that a prior release like Petitioner’s strengthens the liberty interest of a noncitizen because their release created an expectation that they would be free from detention during the pendency of their removal proceedings. Bonilla Barrios v. Noem, No. 5:26-cv-172, slip op. at 4 (S.D. Tex. Apr. 2, 2026). As the Court explained there, liberty interests “may arise from an expectation or interest created by state laws of policies.” Wilkinson v. Austin, 545 U.S. 209, 221 (2005). In this case, Petitioner had an expectation, in addition to his residence since 2021, that he would be free from detention or at least entitled to seek bond while his removal proceedings were pending. He was released from detention in 2021 and spent over four years out of custody before he was re-detained. Respondents do not assert that Petitioner violated any conditions of his release. His expectation interest strengthens his liberty interest. The Court also notes that several cases analyzed for their persuasive authority in Lopez Moncebais similarly considered prior release as a factor strengthening the liberty interest of noncitizens detained under Section 1225(b)(2) without a bond hearing. See Lopez Moncebais, No. 5:26-CV-268, slip op. at 7 n.6 (collecting cases). 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. III. CONCLUSION For the foregoing reasons, Petitioner’s Verified Petition for Writ of Habeas Corpus, (Dkt. No. 1), is GRANTED in part and DENIED in part. Respondents’ Motion for Summary Judgment, (Dkt. No. 8), is DENIED. Respondents are ORDERED to RELEASE Petitioner from custody by May 21, 2026, at 5:00 p.m., under reasonable conditions of release, and to submit a status report Case 5:26-cv-00746 Document 10 Filed 05/20/26 in TXSD Page 4 of 5
5 / 5 to the Court confirming Petitioner's release by May 22, 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 recovery of attorney’s fees, is DENIED. If Petitioner is re-detained, Petitioner must be afforded procedural due process as guaranteed by the Due Process Clause of the Fifth Amendment. A final judgment will follow. It is so ORDERED. SIGNED on May 20, 2026. ______________________________ John A. Kazen United States District Judge Case 5:26-cv-00746 Document 10 Filed 05/20/26 in TXSD Page 5 of 5
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