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Woman detained by ICE challenges mandatory detention without bond hearing

Jun 24, 2026 · Willacy County, Texas

Emelina del Carmen Valle Toledo is detained by Immigration and Customs Enforcement at the El Valle Detention Center in Willacy County, Texas. She filed a habeas petition challenging the government's authority to detain her without a bond hearing under 8 U.S.C. § 1225(b)(2)(A). While conceding she is subject to mandatory detention under that statute, she alleges the application violates her Fifth Amendment due process rights. The court denied her request for preliminary injunctive relief and decided to await a Fifth Circuit decision in a related case before ruling on her due process claims.

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