Case: Sosnava Rodriguez v. Ortega

1:26-cv-00273 | U.S. District Court for the Western District of Texas

Filed Date: Feb. 4, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of several lawsuits in which a federal court of appeals has addressed whether the mandatory detention (without bond) provision in 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens present in the U.S.  This case challenged the constitutionality of the continued detention of a noncitizen without a bond hearing under a provision of the Immigration and Nationality Act (INA) that mandates the detention of certain applicants for admission.  On February 4, 2026, a noncitizen detained at the …

This is one of several lawsuits in which a federal court of appeals has addressed whether the mandatory detention (without bond) provision in 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens present in the U.S. 

This case challenged the constitutionality of the continued detention of a noncitizen without a bond hearing under a provision of the Immigration and Nationality Act (INA) that mandates the detention of certain applicants for admission. 

On February 4, 2026, a noncitizen detained at the T. Don Hutto Detention Center in Texas filed a petition for a writ of habeas corpus in the U.S. District Court for the Western District of Texas. He subsequently filed an amended petition on February 13, 2026. The petitioner asserted both statutory and constitutional claims, arguing that his continued detention without a bond hearing was unlawful under the INA and violated his Fifth Amendment due process rights. The case was assigned to District Judge Robert Pitman.  

The district court granted the petitioner’s habeas petition on February 25, 2026, holding that his continued immigration detention without an individualized bond hearing violated the Fifth Amendment’s Due Process Clause. The court reasoned that although the Fifth Circuit’s decision in Buenrostro-Mendez addressed statutory interpretation of detention under 8 U.S.C. § 1225(b)(2), it did not resolve the petitioner’s independent due process claim. Applying the Mathews v. Eldridge balancing test, the court held that the petitioner’s liberty interest, the risk of erroneous deprivation from automatic detention, and the availability of bond hearings to address flight-risk and public-safety concerns favored the petitioner. The court ordered his release and barred further detention absent a bond hearing at which the respondents would be required to prove dangerousness or flight risk by clear and convincing evidence. 2026 WL 1910255.

On March 2, 2026, the government appealed the district court’s decision to the U.S. Court of Appeals for the Fifth Circuit. The government subsequently filed a motion to consolidate this case with Angel v. Mullins (26-50219) and Alvarado v. Vergara (26-50221), which the Fifth Circuit granted.

On July 2, 2026, the Fifth Circuit affirmed habeas relief for three noncitizens, holding that mandatory detention under 8 U.S.C. § 1225(b)(2)(A) violates the Fifth Amendment when detention becomes unreasonably prolonged without an individualized bond hearing. The court concluded that although Buenrostro-Mendez held that the statute requires detention of noncitizens who entered without inspection, that statutory admission status does not determine constitutional due process rights. Because the petitioners had lived in the United States for more than a decade and had established substantial connections to the country, they were entitled to Fifth Amendment protection. Applying Mathews v. Eldridge and relying on Zadvydas v. Davis (533 U.S. 678), Demore v. Kim (538 U.S. 510), and related precedent, the court held that continued detention cannot rest solely on unlawful entry status and that, after 90 days, the government must provide a bond hearing at which it bears the burden of justifying continued detention based on dangerousness, flight risk, or another constitutionally sufficient reason. 2026 WL 1906557.

However, on July 10, 2026, a majority of Fifth Circuit judges voted to rehear the case en banc, vacating the July 2 opinion. 2026 WL 2014647. On the same day, the government filed an opposed motion to stay the district court’s judgment pending en banc rehearing. On July 13, 2026, the government filed an opposed motion for expedited ruling on their motion for a stay. On July 21, the Fifth Circuit granted both motions. 

This case is ongoing.

Summary Authors

Alexis Gil (8/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72233985/parties/sosnava-rodriguez-v-ortega/


Documents in the Clearinghouse

Documents in this case
14

1:26-cv-00273

Order Granting Petition For Writ Of Habeas Corpus

Rodriguez v. Ortega et al.

Feb. 25, 2026

Feb. 25, 2026

Order/Opinion

2026 WL 1910255

160-1

26-50183

Appeal from the United States District Court for the Western District of Texas

Rodriguez v. Ortega et al.

U.S. Court of Appeals for the Fifth Circuit

July 2, 2026

July 2, 2026

Order/Opinion

2026 WL 1906557

174-1

26-50183

On Petition for Rehearing En Banc

Rodriguez v. Ortega

U.S. Court of Appeals for the Fifth Circuit

July 10, 2026

July 10, 2026

Order/Opinion

2026 WL 2014647

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72233985/sosnava-rodriguez-v-ortega/

Last updated Oct. 1, 2026, 5:11 a.m.

Docket for: Sosnava Rodriguez v. Ortega
ECF Number Date Description Link
1 Feb. 4, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21336997), filed by IGNACIO SOSNAVA RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Renaud, Kymberly) (Entered: 02/04/2026)

RECAP
2 Feb. 4, 2026

STANDING ORDER (dated 01/19/2024) REFERRING CASE to Magistrate Judge Dustin M. Howell. Signed by Judge Robert Pitman. (cr5) (Entered: 02/05/2026)

RECAP
Feb. 4, 2026

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)

Feb. 4, 2026

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (cr5)

Feb. 5, 2026

To be Referred to AU Mag Judge

Feb. 5, 2026

Case Assigned/Reassigned

3 Feb. 6, 2026

ORDER TO SHOW CAUSE AS TO RESPONDENTS. Show Cause Response due by 2/9/2026. Signed by Judge Robert Pitman. (cnr) (Entered: 02/06/2026)

RECAP
4 Feb. 6, 2026

Certified Mailing of 1 Petition for Writ of Habeas Corpus, 3 Order to Show Cause to Charlotte Collins, Warden. (cnr) (Entered: 02/06/2026)

RECAP
Feb. 6, 2026

Case No Longer Referred to Magistrate Judge

Feb. 6, 2026

CASE NO LONGER REFERRED to Magistrate Judge Dustin M. Howell. (cnr)

5 Feb. 9, 2026

RESPONSE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS CONSIDERING RECENT FIFTH CIRCUIT PRECEDENT by Pamela Bondi, Charlotte Collins, Department of Homeland Security, Executive Office For Immigration Review, Kristi Noem, Sylvester M. Ortega. (May, LaTasha) (Entered: 02/09/2026)

RECAP
6 Feb. 11, 2026

MOTION for Leave to File FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS by Ignacio Sosnava Rodriguez. (Renaud, Kymberly) (Entered: 02/11/2026)

RECAP
7 Feb. 12, 2026

MOTION for Leave to File FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS by Ignacio Sosnava Rodriguez. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Renaud, Kymberly) (Entered: 02/12/2026)

RECAP
Feb. 12, 2026

Deficiency Notice

Feb. 12, 2026

DEFICIENCY NOTICE to Kymberly Renaud : re 6 MOTION for Leave to File FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS . This motion is DEFICIENT and will not be considered by the Court. This document is a Motion for Leave to File. Filing user must include for the Courts review the document for which leave to file is requested as a PDF attachment to the motion and a proposed order. Here, the proposed amended petition has not been filed. Please refile the motion for leave with the proposed amended petition and a proposed order, noting if the motion is opposed/unopposed. . (cnr)

8 Feb. 13, 2026

First Amended Petition for Writ of Habeas Corpus, filed by Ignacio Sosnava Rodriguez.(cnr) (Entered: 02/17/2026)

RECAP
Feb. 13, 2026

Order on Motion for Leave to File

Feb. 13, 2026

Text Order GRANTING 7 Unopposed Motion for Leave to File Amended Complaint entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file Plaintiffs amended complaint, (Dkt. 7-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (JMlc)

9 Feb. 17, 2026

ORDER TO SHOW CAUSE AS TO RESPONDENTS. Show Cause Response due by 2/20/2026. Signed by Judge Robert Pitman. (cnr) (Entered: 02/17/2026)

RECAP
10 Feb. 17, 2026

Certified Mailing of 8 Petition for Writ of Habeas Corpus, 9 Order to Show Cause to Charlotte Collins, Warden. (cnr) (Entered: 02/17/2026)

RECAP
11 Feb. 20, 2026

RESPONSE TO AMENDED PETITION ADDRESSING CONSTITUTIONAL CLAIMS by Pamela Bondi, Charlotte Collins, Department of Homeland Security, Executive Office For Immigration Review, Kristi Noem, Sylvester M. Ortega. (Attachments: # 1 Exhibit A)(Playton, Christina) (Entered: 02/20/2026)

RECAP
12 Feb. 23, 2026

Domestic Return Receipt Executed as to Charlotte Collins, Warden. (cnr) (Entered: 02/24/2026)

RECAP
13 Feb. 23, 2026

Domestic Return Receipt Executed as to Charlotte Collins, Warden. (cnr) (Entered: 02/24/2026)

RECAP
14 Feb. 25, 2026

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS. Signed by Judge Robert Pitman. (cnr) (Entered: 02/25/2026)

Clearinghouse
15 Feb. 27, 2026

STATUS REPORT by Pamela Bondi, Department of Homeland Security, Executive Office For Immigration Review, Kristi Noem, Sylvester M. Ortega. (Playton, Christina) (Entered: 02/27/2026)

RECAP
16 March 2, 2026

Appeal of Final Judgment 14 by Pamela Bondi, Charlotte Collins, Department of Homeland Security, Executive Office For Immigration Review, Kristi Noem, Sylvester M. Ortega. No filing fee submitted. Attorney Mary F. Kruger added to party Pamela Bondi(pty:res), Attorney Mary F. Kruger added to party Charlotte Collins(pty:res), Attorney Mary F. Kruger added to party Department of Homeland Security(pty:res), Attorney Mary F. Kruger added to party Executive Office For Immigration Review(pty:res), Attorney Mary F. Kruger added to party Kristi Noem(pty:res) (Kruger, Mary) (Entered: 03/02/2026)

RECAP
March 2, 2026

NOTICE OF APPEAL following 16 Notice of Appeal (E-Filed) by Pamela Bondi, Charlotte Collins, Department of Homeland Security, Executive Office For Immigration Review, Kristi Noem, Sylvester M. Ortega. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (cnr)

17 March 3, 2026

TRANSCRIPT REQUEST by Pamela Bondi, Department of Homeland Security, Executive Office For Immigration Review, Kristi Noem, Sylvester M. Ortega. (Kruger, Mary) (Entered: 03/03/2026)

RECAP
March 3, 2026

Notice of Appeal

18 March 23, 2026

MOTION to Withdraw as Attorney by Ignacio Sosnava Rodriguez. (Attachments: # 1 Proposed Order)(Renaud, Kymberly) (Entered: 03/23/2026)

RECAP
19 March 24, 2026

ORDER, ( Telephone Conference set for 3/25/2026 02:00 PM before Judge Robert Pitman,). Signed by Judge Robert Pitman. (cnr) (Entered: 03/24/2026)

RECAP
March 24, 2026

Deficiency Notice

March 24, 2026

DEFICIENCY NOTICE to Kymberly Anne Renaud: re 18 MOTION to Withdraw as Attorney .This filing is deficient and will not be considered by the Court. The style of the pleading is titled in the "United States Court of Appeal for the Fifth Circuit" and has the appellate case number. Any filings addressed to the USCA must be filed in the appellate court. If relief is requested of the district court please refile this motion with the district court case number and style "Western District of Austin, Austin Division.". (cnr)

March 24, 2026

DEFICIENCY NOTICE to Kymberly Anne Renaud: re 18 MOTION to Withdraw as Attorney .This filing is deficient and will not be considered by the Court. The style of the pleading is titled in the "United States Court of Appeal for the Fifth Circuit" and has the appellate case number. Any filings addressed to the USCA must be filed in the appellate court. If relief is requested of the district court please refile this motion with the district court case number and style "Western District of Texas, Austin Division.". (cnr)

20 March 25, 2026

MOTION to Withdraw as Attorney by Ignacio Sosnava Rodriguez. (Renaud, Kymberly) (Entered: 03/25/2026)

RECAP
21 March 25, 2026

Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 3/25/2026 re 18 MOTION to Withdraw as Attorney filed by Ignacio Sosnava Rodriguez (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(cnr) (Entered: 03/26/2026)

RECAP
April 2, 2026

Order on Motion to Withdraw as Attorney

April 2, 2026

Text Order GRANTING 20 Motion to Withdraw as Attorney entered by Judge Robert Pitman. IT IS ORDERED that Kymberly Renaud is withdrawn as counsel for Petitioner Ignacio Sosnava Rodriguez in this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JMlc)

22 April 6, 2026

ORDER GRANTING Appellants' Motion to Consolidation Cases of USCA (copy) ; re Notice of Appeal. (Attachments: # 1 Fifth Circuit Letter). (cnr) (Entered: 04/13/2026)

RECAP
23 July 21, 2026

USCA, Fifth Circuit ORDER Staying District Court Judgments Pending Rehearing En Banc; re Notice of Appeal. (Attachments: # 1 Fifth Circuit Letter). (cnr) (Entered: 07/24/2026)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 4, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A noncitizen detained at the T. Don Hutto Detention Center in Texas. The case was later consolidated with claims brought by two additional noncitizen detainees.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

American Immigration Council's Legal Action Center

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

Executive Office For Immigration Review

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Other Dockets:

Western District of Texas 1:26-cv-00273

U.S. Court of Appeals for the Fifth Circuit 26-50183

U.S. Court of Appeals for the Fifth Circuit 26-50219

U.S. Court of Appeals for the Fifth Circuit 26-50221

Western District of Texas 1:26-cv-01488

Western District of Texas 1:26-cv-00384

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Habeas

Relief Granted:

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Release from detention/imprisonment

Issues

Immigration/Border:

Constitutional rights

Detention - bond

Detention - procedures

Undocumented immigrants - rights and duties

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Placement in detention facilities

Recommended Citation