A federal judge in Texas has ruled that the detention of Jose Alberto Gomez-Gonzalez, a 24-year-old student at Texas State University, violates his Fifth Amendment rights and ordered his release by March 1. The ruling criticizes the Trump administration's immigration enforcement rhetoric while sidestepping a recent appeals court decision on indefinite detention. Gomez-Gonzalez was detained in August 2025 following a traffic stop.
Jose Alberto Gomez-Gonzalez, who entered the United States legally with his family at age 12 using border crossing cards, had his removal proceedings administratively closed in 2015 after being granted humanitarian parole and asylum consideration. By 2025, the 24-year-old was pursuing a degree at Texas State University in San Marcos, expecting to graduate in December with a government job lined up.
On August 14, 2025, Gomez-Gonzalez was pulled over in Concho County for a minor speeding violation. Despite presenting a valid Texas driver's license and insurance, the officer inquired about his immigration status. Upon learning he was not a U.S. citizen but lawfully present, the officer contacted Immigration and Customs Enforcement (ICE), leading to his detention without notice.
Since his arrest, Gomez-Gonzalez has been held without a bond hearing, missing his college graduation, breaching his apartment lease, and losing job opportunities. His attorneys filed a habeas corpus petition on January 30, 2026, alleging violations of the Fifth Amendment, Immigration and Nationality Act, and Administrative Procedure Act. The case, initially assigned to U.S. District Judge Orlando L. Garcia, was reassigned to Senior U.S. District Judge David Alan Ezra on February 2.
In an 18-page order, Ezra granted relief solely on due process grounds, finding the six-month detention without an individualized hearing unconstitutional. "Petitioner's detention without an opportunity to challenge his detention through an individualized assessment violates his right to procedural due process under the Fifth Amendment," the order states.
Ezra distinguished the case from recent rulings on Immigration and Nationality Act interpretations, noting it addresses constitutional application rather than statutory construction. He skirted a U.S. Court of Appeals for the 5th Circuit decision upholding ICE's use of 8 U.S.C. §1225(b) for indefinite detention, emphasizing that statutory authority does not override due process requirements.
In a footnote, the judge addressed the administration's statements targeting "violent criminals and the 'worst of the worst,'" observing that Gomez-Gonzalez, with no criminal history, does not fit this description. The order requires release in a public place by March 1 and prohibits re-detention without proving danger or flight risk in a hearing.
