Alvaro Barrera Leon v. Warden, Joe Corley Detention Facility, et al.

District Court, S.D. Texas·Decided April 2, 2026·No. 4:26-cv-01341·Unknown

Opinion

UNITED STATES DISTRICT COURT April 02, 2026 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

ALVARO BARRERA LEON, § § Petitioner, § § VS. § CIVIL ACTION NO. 4:26-1341 § WARDEN, JOE CORLEY DETENTION § FACILITY, et al. § § Respondents. §

MEMORANDUM OPINION AND ORDER GRANTING WRIT OF HABEAS CORPUS

Petitioner Alvaro Barrera Leon is detained in the custody of officials with Immigration and Customs Enforcement (ICE). Proceeding pro se, the petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 (Dkt. 1) and several motions for emergency relief (Dkt. 2; Dkt. 6; Dkt. 9). The most recent motion states that the petitioner has a hearing in immigration court set for April 8, 2026. The petition and supporting documents state that the petitioner is a national of Cuba; that upon entry to the United States he was inspected and released into the country under Form I-220A; that he has complied with all requirements and appeared for all supervision appointments; that he has no criminal history and does not pose a danger or flight risk; and that he applied for legal permanent resident status and is actively pursuing immigration relief; and that he was detained on November 13, 2025, when he appeared for a scheduled check-in appointment and has been detained since; and that he has been afforded no process to challenge the legality of his detention. He further states that he recently graduated from high school and was preparing to attend college; that he was steadily employed before his detention; that he has strong family support and a stable residence; that his detention has

caused significant emotional and psychological deterioration; and that his detention impedes his ability to meet with his counsel and pursue immigration relief. He attaches letters of support from his family (Dkt. 1-3). He brings a claim under the Due Process Clause, among other claims. He seeks immediate release from custody. The Court entered an order for an expedited answer and instructed the respondents

to show cause why the petitioner should not be immediately released from custody (Dkt. 7). The federal respondents then filed a motion to dismiss the petition or, in the alternative, for summary judgment (Dkt. 8). The respondents oppose habeas relief, arguing that the petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b) and is not entitled to relief under the Due Process Clause. They do not contest the facts recited by the petitioner.

They state that the petitioner entered in 2021 and was initially detained and released; that a Notice to Appear issued on November 11, 2025, shortly before his detention; and that a second Notice to Appear issued on March 26, 2026 (Dkt. 8, at 2; Dkt. 8-1). The petitioner then filed a reply (Dkt. 10). On February 6, 2026, the Fifth Circuit held in Buenrostro-Mendez v. Bondi, 166

F.4th 494 (5th Cir. 2026), that two petitioners who has been present in the United States for many years, and who had not been apprehended by immigration officials before the detention at issue in the case, were subject to mandatory detention under 8 U.S.C. § 1225(b)(2). The Court does not base this opinion on the statutory text but instead turns to the petitioner’s claim that his re-detention violates his rights under the Due Process Clause (Dkt. 1, at 23-24). The Court has previously addressed due-process claims in the context of 28 U.S.C. § 2241. See Rozo-Teran v. Bondi, Civil Action No. 4:26-243 (S.D.

Tex. Mar. 16, 2026); Navarette-Garcia v. Bradford, Civil Action No. 4:26-1503 (S.D. Tex. Mar, 16, 2026); Delgado-Rodriguez v. Tate, Civil Action No. 26-650, 2026 WL 517983 (S.D. Tex. Feb. 25, 2026). The Constitution guarantees due process of law to every person in the United States, regardless of the person’s immigration status. Zadvydas v. Davis, 533 U.S. 678, 693 (2001)

(the Due Process Clause “applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent”); see A.A.R.P. v Trump, 605 U.S. 91, 94 (2025) (procedural due process protections apply to removal proceedings for persons detained under the Alien Enemies Act). The Court notes at the outset that the petitioner in this case challenges only his

detention, and not his right to relief from deportation or removal. District courts across the country have recognized that “as-applied due process challenges to detention without a bond hearing are not foreclosed” by Dep’t of Homeland Sec. v. Thuraissigiam, 591 U.S. 103 (2020), or other Supreme Court precedent.1 Destino v. FCI Berlin, Warden, No. 1:25-

1 In Thuraissigiam, the Supreme Court held that a noncitizen seeking “initial entry” to the United States enjoys only the rights provided by statute because the “power to admit or exclude aliens is a sovereign prerogative” over which the political branches have plenary authority. Thuraissigiam, 591 U.S. at 139-40 (cleaned up) (considering case regarding noncitizen detained 25 yards from the border and for whom immigration officials rejected his “credible fear” claim for purposes of political asylum). However, a challenge to detention, rather than to immigration proceedings, does not implicate the “sovereign prerogative” on which Thuraissigiam relies. See CV-374-SE-AJ, 2025 WL 4010424, at *4 n.6 (D.N.H. Dec. 24, 2025) (noting a “growing consensus” among district courts and collecting cases); see Vieira v. De Anda-Ybarra, 806 F. Supp. 3d 690, 697-700 (W.D. Tex. 2025); Lopez-Arevelo v. Ripa, 801 F. Supp. 3d 668,

681-85 (W.D. Tex. 2025); Bonilla Chicas v. Warden, No. 5:26-CV-00131, 2026 WL 539475, at *11 (S.D. Tex. Feb. 20, 2026); Castro Coneo v. Almodovar, No. 25-CV-09850 (NSR), 2025 WL 3754079, at *5 (S.D.N.Y. Dec. 29, 2025); Rincon, 2025 WL 3122784, at *5-*7. Many cases cited above also distinguish Jennings v. Rodriguez, 583 U.S. 281 (2018), and Demore v. Kim, 538 U.S. 510 (2003), from the detention challenge at issue in

this case. See, e.g., Bonillas Chicas, 2026 WL 539475, at *7-*9; Destino, 2025 WL 4010424, at *3-*8; Rincon, 2025 WL 3122784, at *4-*8.2 The Court agrees with this consensus and thus proceeds to review the petitioner’s constitutional claim.3

Rincon v. Hyde, No. CV 25-12633-BEM, 2025 WL 3122784, at *5-*6 (D. Mass. Nov. 7, 2025) (discussing “entry fiction” doctrine and its purposes).

Free access — add to your briefcase to read the full text and ask questions with AI

Alvaro Barrera Leon v. Warden, Joe Corley Detention Facility, et al., (S.D. Tex. 2026).

Alvaro Barrera Leon v. Warden, Joe Corley Detention Facility, et al. (Alvaro Barrera Leon v. Warden, Joe Corley Detention Facility, et al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Counselman v. Hitchcock
142 U.S. 547 (Supreme Court, 1892)
Boddie v. Connecticut
401 U.S. 371 (Supreme Court, 1971)
Bell v. Burson
402 U.S. 535 (Supreme Court, 1971)
Kastigar v. United States
406 U.S. 441 (Supreme Court, 1972)
Morrissey v. Brewer
408 U.S. 471 (Supreme Court, 1972)
Board of Regents of State Colleges v. Roth
408 U.S. 564 (Supreme Court, 1972)
Preiser v. Rodriguez
411 U.S. 475 (Supreme Court, 1973)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Cleveland Board of Education v. Loudermill
470 U.S. 532 (Supreme Court, 1985)
United States v. Salerno
481 U.S. 739 (Supreme Court, 1987)
United States v. Verdugo-Urquidez
494 U.S. 259 (Supreme Court, 1990)
Foucha v. Louisiana
504 U.S. 71 (Supreme Court, 1992)
Kansas v. Hendricks
521 U.S. 346 (Supreme Court, 1997)
Immigration & Naturalization Service v. St. Cyr
533 U.S. 289 (Supreme Court, 2001)
Connecticut Department of Public Safety v. Doe
538 U.S. 1 (Supreme Court, 2003)
Demore v. Kim
538 U.S. 510 (Supreme Court, 2003)
Hamdi v. Rumsfeld
542 U.S. 507 (Supreme Court, 2004)
Munaf v. Geren
553 U.S. 674 (Supreme Court, 2008)
Landon v. Plasencia
459 U.S. 21 (Supreme Court, 1982)
Zadvydas v. Davis
533 U.S. 678 (Supreme Court, 2001)