Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SAUL TORRES-MUNGUIA,
Petitioner,
v. No. 2:26-cv-01067-KG-GBW
MARY DE ANDA-YBARRA, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Petitioner Saul Torres-Munguia’s Petition for Writ of
Habeas Corpus. Doc. 1, the Government’s Response, Doc. 5, and Petitioner’s Reply, Doc. 6.
Petitioner, proceeding pro se, challenges the facts supporting his continued detainment pending
removal proceedings. Doc. 1. For the reasons below, the Court dismisses the petition without
prejudice.
I. Background
Petitioner, a citizen of Mexico, entered the United States without inspection on an unknown
date. Doc. 5 at 2. On March 22, 2012, Immigration and Customs Enforcement (“ICE”)
encountered Petitioner at a county jail in Minnesota where he was in custody for disorderly conduct
and obstructing the legal process. Doc. 5-1 at 2. Petitioner was transferred to ICE custody and
eventually was released on bond and enrolled in the Alternative to Detention Program. Id. On
January 14, 2013, Petitioner was terminated from the ATD program. Id. On May 6, 2015,
Petitioner was convicted of driving while intoxicated and sentenced to 30-days in jail. Id. at 2–3.
In June 2015, ICE redetained Petitioner due to his conviction, but released him on bond and re-
enrolled him in the ATD program. Id. at 2.
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On January 19, 2026, ICE detained Petitioner once again and transferred him to the Otero
County Processing Center, where he is presently held. Doc. 1 at 2. On March 6, 2026, Petitioner
had a bond hearing. Doc. 5-3. The immigration judge denied bond, determining that Petitioner
failed to show that he was not a danger to the community or that he was not a flight risk. Id.
Petitioner was scheduled to appear before an immigration judge for removal proceedings on May 4,
2026. Doc. 5 at 2.
Petitioner seeks release from immigration detention. Doc. 1 at 7. Petitioner alleges that he
has proper documentation, has complied with the conditions of his release, and is not a flight risk.
Doc. 6 at 2. The Government asserts that this Court lacks jurisdiction to review the immigration
judge’s decision denying bond to Petitioner. Doc. 5 at 3. The Government also contends that
because Petitioner has received a bond hearing, the petition should be denied as moot. Id. at 4.
II. Standard of Review
A petition for a writ of habeas corpus seeks “release from unlawful physical confinement.”
Preiser v. Rodriguez, 411 U.S. 475, 485 (1973). Habeas corpus review is available if a noncitizen is
“in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C.
§ 2241(c)(3); see also Zadvydas v. Davis, 533 U.S. 678, 687 (2001).
III. Analysis
Petitioner is detained under § 1226. Doc. 5 at 3. Section 1226(a) “authorizes the
Government to detain certain [noncitizens] already in the country pending the outcome of removal
proceedings.” Jennings v. Rodriguez, 583 U.S. 281, 289 (2018). Noncitizens detained under
§ 1226(a) are entitled to bond hearings “at the outset of detention.” Id. at 306. Here, an
immigration judge denied Petitioner bond, finding that Petitioner did not meet his burden of
demonstrating that he was not a flight risk. Doc. 5-3.
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To the extent Petitioner contests the immigration judge’s bond determination, the Court
lacks the authority to consider Petitioner’s claims. Doc. 1 at 6; Doc. 6 at 2. In habeas proceedings,
district courts lack jurisdiction to review an immigration judge’s decision to deny bond. § 1226(e);
see also Demore v. Kim, 538 U.S. 510, 516 (2003) (noting that § 1226(e) precludes review of the
Attorney General’s “discretionary judgment” or “decision” regarding detention or release but
permits constitutional challenges to detention). A petitioner seeking review of a bond decision must
either appeal the denial to the Board of Immigration Appeals or file a request for a bond
redetermination. Johnson v. Guzman Chavez, 594 U.S. 523, 527 (2021); see also 8 CFR
§ 236.1(d)(1), (3).
To the extent Petitioner argues his approximately six-month detention violates his due
process rights, § 1226 authorizes the Government to detain a noncitizen until the conclusion of
removal proceedings. Jennings, 583 U.S. at 306. Because Petitioner has received the process due,
his continued detention pending removal proceedings is lawful.
IV. Conclusion
Petitioner’s Petition for Writ of Habeas Corpus, Doc. 1, is denied. The Court dismisses the
petition without prejudice. Petitioner may file a subsequent petition should the facts of his
detention change.
IT IS SO ORDERED.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the
NEF (Notice of Electronic Filing)
accompanying this document. Electronically
filed documents can be found on the Court’s
PACER public access system.
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