# Garcia

> District Court, W.D. Louisiana · June 24, 2026

URL: https://www.frixlaw.com/law-library/cases/11412857

## Case

- **Full name:** Marvin Ulises Rodriguez Guevara v. Eleazar Garcia et al
- **Court:** District Court, W.D. Louisiana
- **Decided:** June 24, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11412857

## Opinion text

a
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

MARVIN ULISES RODRIGUEZ CIVIL DOCKET NO. 1:25-CV-01893
GUEVARA, SEC P
Petitioner

VERSUS JUDGE EDWARDS

ELEAZAR GARCIA ET AL, MAGISTRATE JUDGE PEREZ-MONTES
Respondents

REPORT AND RECOMMENDATION
Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 filed by pro se Petitioner Marvin Ulises Rodriguez-Guevara (“Rodriguez-
Guevara”). Rodriguez-Guevara is an immigration detainee at Winn Correctional
Center in Winnfield Louisiana. He challenges his continued detention during
ongoing removal proceedings.
Because Rodriguez-Guevara does not show that his detention is unlawful, the
Petition should be DENIED and DISMISSED WITHOUT PREJUDICE.
I. Background
Rodriguez-Guevara is a native and citizen of El Salvador. ECF No. 1 at 1. He
entered the United States without inspection in 2019 as an unaccompanied alien
child (“UAC”). ECF No. 1 at 5. Rodriguez-Guevara was detained by Customs and
Border Protection and placed in the custody of the Office of Refugee Resettlement
(“ORR”). ORR subsequently released Rodriguez-Guevara to the custody of an
adult sponsor. .
On August 22, 2019, the Department of Homeland Security (“DHS”) served

Rodriguez-Guevara with a Notice to Appear (“NTA”). Rodriguez-Guevara alleges
that the NTA did not specify the date or time of his hearing. . He later moved to
terminate those removal proceedings on the basis that the NTA was defective. at
5-6. An immigration judge granted the motion and terminated the proceedings on
August 6, 2024. at 6; 1-1 at 10-12. DHS did not appeal.
While residing in the United States, Rodriguez-Guevara obtained findings
from the Massachusetts Probate and Family Court supporting eligibility for Special

Immigrant Juvenile (“SIJ”) status. . at 6. He filed a Form I-360 petition with
United States Citizenship and Immigration Services (“USCIS”), which was approved
on August 27, 2025. at 2. Rodriguez-Guevara alleges that, although the approved
I-360 petition provides a pathway to lawful permanent resident status, a visa is not
presently available, preventing him from filing an application for adjustment of
status at this time. at 2.

On October 8, 2025, Immigration and Customs Enforcement (“ICE”) officers
arrested Rodriguez-Guevara in Chelsea, Massachusetts. at 6. DHS thereafter
issued Rodriguez-Guevara a new NTA charging him as a noncitizen present in the
United States without being admitted or paroled under 8 U.S.C. § 1182(a)(6)(A)(i).
ECF No. 13 at 6; 13-1 at 2.
On November 17, 2025, Rodriguez-Guevara filed a motion for a bond
redetermination hearing before the Immigration Court. ECF No. 13-2 at 1-5. On
November 20, 2025, the Immigration Judge denied the request, finding that the court

lacked jurisdiction to redetermine Rodriguez-Guevara’s custody status. ECF No. 13-
3 at 1. Rodriguez-Guevara appealed that determination to the Board of Immigration
Appeals on December 22, 2025. ECF No. 13-4 at 5-6.
Rodriguez-Guevara also filed an application for asylum, withholding of
removal, and protection under the Convention Against Torture, which the
Immigration Judge later pretermitted upon DHS’s motion. ECF No. 13-6.
On January 6, 2026, an immigration judge ordered removal. Rodriguez-

Guevara appealed, and the appeal remains pending, with a briefing deadline of June
29, 2026.1
Rodriguez-Guevara contends that his detention is unlawful because he is being
detained under 8 U.S.C. § 1225 rather than § 1226. He asserts that his prior UAC
designation, release from ORR custody, and approved SIJ petition distinguish him
from other applicants for admission subject to mandatory detention. Therefore,

Rodriguez-Guevara concludes that his continued detention without an individualized
bond hearing is unlawful.

1 https://acis.eoir.justice.gov/en/caseInformation
II. Law and Analysis
A. Rodriguez-Guevara’s Statutory Challenge to Detention Under 8 U.S.C.
§ 1225

Rodriguez-Guevara contends that his detention violates the INA because the
Government is detaining him pursuant to § 1225 rather than § 1226. He argues that,
because he was released into the United States in 2019, has resided in the country
for several years, and has an approved Special Immigrant Juvenile (“SIJ”) petition,
he is no longer properly considered an applicant for admission subject to mandatory
detention under § 1225. ECF No. 1.
Section 1225(a)(1) provides that “[a]n alien present in the United States who
has not been admitted . . . shall be deemed for purposes of this chapter an applicant
for admission.” 8 U.S.C. § 1225(a)(1). Section 1225(b)(2)(A) further provides that, if
an immigration officer determines that such an applicant for admission is not clearly

and beyond a doubt entitled to admission, the alien “shall be detained” pending
removal proceedings. . § 1225(b)(2)(A).
After Rodriguez-Guevara’s Petition was filed, the Fifth Circuit addressed this
issue in , 166 F.4th 494 (5th Cir. 2026).2 The court held
that noncitizens who entered the United States without inspection and were never
admitted remain applicants for admission under § 1225, even when they have resided
in the United States for many years before being encountered by immigration

2 The Government’s Response was filed after . Rodriguez-
Guevara did not file a reply addressing what effect, if any, has
on his Petition. Nor did he file an Amended Petition raising any new claims.
authorities. . at 502-08. The Fifth Circuit expressly rejected the argument that §
1225 applies only to persons actively presenting themselves for admission at a border
or port of entry. at 502-03.

Petitioner acknowledges that he entered the United States without admission
or parole. ECF No. 1 at 1, 25. Likewise, the new NTA charges him as inadmissible
under § 1182(a)(6)(A)(i) because he is a noncitizen present in the United States
without being admitted or paroled. ECF No. 1-1 at 2. Under ,
those facts place Petitioner within the scope of § 1225(b)(2).
Rodriguez-Guevara’s reliance on district court decisions from other circuits
rejecting DHS's interpretation of §§ 1225 and 1226 is unavailing. Whatever

persuasive value those decisions may have possessed before , this
Court is bound by controlling Fifth Circuit precedent.
Accordingly, Petitioner's contention that he is statutorily entitled to detention
under § 1226 rather than § 1225 lacks merit.
B. Rodriguez-Guevara’s UAC and SIJ Status Do Not Alter the Statutory
Detention Analysis

Rodriguez-Guevara next argues that his prior designation as a UAC, release
from ORR custody, and approved SIJ petition entitle him to detention procedures
associated with § 1226 rather than § 1225. ECF No. 1 at 20-22.
Congress has provided special procedures governing the treatment and
placement of UACs. 8 U.S.C. § 1232. Rodriguez-Guevara was afforded those
protections when he was transferred to ORR custody and later released to a sponsor.
ECF No. 1 at 5. However, Rodriguez-Guevara identifies no provision of § 1232
providing that a former UAC remains exempt from detention under § 1225 after
reaching adulthood. Indeed, Rodriguez-Guevara turned 18 before the October 2025
arrest and NTA giving rise to the present detention. ECF No. 13-2 at 2.

Similarly, although Rodriguez-Guevara obtained approval of a Form I-360 SIJ
petition, SIJ classification does not itself confer lawful immigration status, lawful
permanent residence, or immunity from removal proceedings.
, 898 F.3d 504, 508 (5th Cir. 2018); ., 66 F.4th 429,
433 (3d Cir. 2023). An approved SIJ petition may provide a basis for seeking
adjustment of status when a visa becomes available, but it does not alter the
detention authority otherwise applicable under the INA.

Accordingly, neither Rodriguez-Guevara’s prior UAC status nor his approved
SIJ petition removes him from the scope of § 1225 as interpreted by
.
C. Rodriguez-Guevara’s Due Process Claim
Finally, Rodriguez-Guevara argues that his continued detention violates the
Due Process Clause of the Fifth Amendment because he was released into the United

States as a minor, lived in the community for several years, and was re-detained
without an individualized bond hearing. He contends that due process protections
differ for noncitizens who are physically present in the United States and have
developed substantial ties to the country. Relying on , 533 U.S.
678, 690-92, 699-700 (2001), 591
U.S. 103 (2020), 459 U.S. 21, 32 (1982), and
, 583 U.S. 281, 287 (2018), Rodriguez-Guevara argues that although
individuals seeking initial admission may have limited constitutional protections,
those who have lived in the United States for years are entitled to greater due process

protections before being deprived of their liberty.
But detention during removal proceedings is constitutionally permissible.
, 538 U.S. 510, 523 (2003). Moreover, the Supreme Court has held
that § 1225(b) mandates detention pending removal proceedings.
, 583 U.S. 281, 300-01 (2018).
Although Rodriguez-Guevara argues that his prior release as a minor created
a protected liberty interest, he has not shown that his present detention revoked any

existing custody status or release order. He does not allege that he was on parole,
under an order of supervision, released on bond, or subject to an order of release on
recognizance at the time of his October 2025 arrest. Rather, his prior removal
proceedings had been terminated in 2024, and DHS later initiated new removal
proceedings by serving a new NTA in October 2025. ECF No. 1 at 6; ECF No. 1-1 at
2.

That distinction is significant. Several decisions within this District
recognized a procedural due process interest in re-detention where there was an
existing release status, or in re-detention after a prior custody determination
remained operative. , 1:25-CV-2012, 2026 WL 1230389 (W.D. La.
Mar. 5, 2026); 1:25-CV-01928, 2026 WL 1652575, at *2 (W.D.
La. June 8, 2026); 1:25-cv-01959 (W.D. La. May 13, 2026),
, 3:26-CV-086 (W.D. La. March 20, 2026). Those
circumstances are not present here.
Rodriguez-Guevara’s current detention did not revoke a continuing release

order in an ongoing case. It followed a new enforcement action and a new charging
document after the prior proceedings had ended.
Accordingly, Rodriguez-Guevara has not demonstrated that his present
detention violates the Due Process Clause.
III. Conclusion
Because Rodriguez-Guevara fails to establish that his detention is unlawful,
IT IS RECOMMENDED that the Petition be DENIED and DISMISSED WITHOUT

PREJUDICE.
Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file
written objections to this Report and Recommendation within 14 days of service,
unless the Court grants an extension of time to file objections under Fed. R. Civ. P.
6(b). A party may also respond to another party’s objections to this Report and
Recommendation within 14 days of service of those objections, again unless the Court

grants an extension of time to file a response to objections.
No other briefs may be filed without leave of court, which will only be granted
for good cause. A party’s failure to timely file written objections to this Report and
Recommendation will bar a party from later challenging factual or legal conclusions
adopted by the District Judge, except if the challenge asserts “plain error.”
SIGNED on Wednesday, June 24, 2026.
JOSEPH H.L. PEREZ-MONTES
UNITED STATES MAGISTRATE JUDGE

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11412857. Public record. Not legal advice.