Noncitizen detained without bond hearing challenges detention in federal court
Claudio Rene Cervantes-Perez, a noncitizen, filed a petition for writ of habeas corpus in the United States District Court for the Western District of Texas, challenging his detention at the South Texas ICE Processing Center without a bond hearing. The court issued an order for service requiring respondents to file a response within seven days identifying Cervantes-Perez's country of birth, date of entry, statutory basis for removability, previous immigration detention history, and current immigration status. The court indicated that the case appears to turn on whether Cervantes-Perez's detention without a bond hearing violates the due process rights afforded to noncitizens who have established a substantial presence in the United States, and directed respondents to consider the court's prior orders addressing this question. Respondents were permitted to either file a full response or indicate no material factual differences from related cases while preserving legal arguments.























