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

CourtDistrict Court, S.D. Texas
DecidedApril 2, 2026
Docket4:26-cv-01341
StatusUnknown

This text of Alvaro Barrera Leon v. Warden, Joe Corley Detention Facility, et al. (Alvaro Barrera Leon v. Warden, Joe Corley Detention Facility, et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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).

2 In Demore, the Supreme Court considered a facial challenge to 8 U.S.C. § 1226(c), a statutory provision that provides for mandatory detention of non-citizens who have been convicted of certain crimes, and held that the facial challenge failed. In so holding, the Court discussed extensively the fact that Congress enacted § 1226(c) based on evidence of increasing criminal activity by criminal aliens, as well as high rates of recidivism and flight. Demore, 538 U.S. at 518- 19. The Court also relied on the fact that a detainee under § 1226(c) was a “criminal alien” who was detained for “the limited period of his removal proceedings.” Id. at 531; see id. at 529-31 (citing facts in the record showing that detention under § 1226(c) lasted for an average of 47 days, and that 100% of the detentions lasted five months or less).

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