Unreported / Non-Citable
Background
Walter de Leon Mendez, a native and citizen of Guatemala who has been physically present in the United States since July 2004, was arrested and detained by three masked, armed men in an unmarked vehicle on November 13, 2025, without a warrant or pre-detention hearing. On May 14, 2026, Mendez received a bond hearing before an Immigration Judge (IJ), who ordered his release on a $65,000 bond and enrollment in the Alternatives to Detention program at DHS's discretion. Through a habeas corpus petition filed in the Central District of California, Mendez alleged that his constitutional rights were violated because the IJ set an "excessive and unattainable bond of $65,000" without considering his ability to pay or whether less restrictive alternatives would suffice to serve the government's interests. Mendez sought either immediate release or a reduction of the bond amount to $1,500.
On July 23, 2026, the court held a status conference and ordered Respondents to provide a complete copy of the record from the May 14, 2026 custody redetermination hearing. The parties submitted the record and additional briefing. Upon review, the court found that the IJ failed to consider either Mendez's ability to pay the $65,000 bond or alternative release conditions, and notably did not inquire about Mendez's financial resources at all when setting the bond amount.
The Court’s Holding
The court held that Mendez's right to due process was violated when the IJ set a $65,000 bond without considering his financial ability to pay, effectively denying him relief. Relying on Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017), the court explained that due process likely requires immigration judges to consider detainees' financial circumstances and alternative conditions of release when setting bond. The Ninth Circuit in Hernandez reasoned that a bond determination process lacking such consideration is unlikely to produce a bond amount reasonably related to the government's legitimate interests in protecting the public and ensuring appearance at hearings, particularly for detainees already determined to be neither dangerous nor a significant flight risk.
Accordingly, the court granted the petition for writ of habeas corpus and ordered Respondents to provide Mendez with a new hearing before an IJ within seven days. The new hearing is limited solely to reconsideration of the bond amount, and the IJ must: (1) make explicit findings regarding Mendez's financial ability to pay any bond imposed, and (2) consider any alternative, non-monetary conditions of release consistent with Hernandez v. Sessions. Respondents are also ordered to file a status report within 72 hours of the completion of the hearing.
Key Takeaways
- Immigration judges in the Ninth Circuit must consider a detainee's financial ability to pay when setting bond amounts, or the bond determination violates due process.
- Immigration judges must also consider alternative, non-monetary conditions of release rather than relying solely on monetary bond.
- A bond set without inquiry into financial resources effectively denies release and fails to bear a reasonable relation to the government's legitimate interests.
- Habeas corpus is an available remedy to challenge constitutionally deficient bond proceedings in federal district court.
- The court may order a new bond hearing limited to proper consideration of ability to pay and alternatives to detention.
Why It Matters
This decision reinforces the due process requirements established in Hernandez v. Sessions for immigration bond proceedings within the Ninth Circuit. By granting habeas relief and mandating a new hearing with specific procedural requirements—explicit findings on ability to pay and consideration of non-monetary alternatives—the court ensures that bond determinations are individualized and reasonably related to the government's interests. The ruling underscores that detention through unaffordable bond, without consideration of less restrictive alternatives, constitutes a constitutional violation for noncitizens who have been found eligible for release.