A man in his 30s wearing a navy blue jumpsuit faced the judge who could determine whether he can stay in the U.S. or return to his home country where he fears for his life.
“You were placed in withholding proceedings after the government determined you have credible fear,” Judge Billy Sapp said Wednesday at his courtroom at Montgomery Processing Center in Conroe, the largest detention center in the Houston area.
The judge explained the man’s rights to legal representation and to file evidence in his case. However, the burden falls on him to prove that he qualifies to remain in the U.S., the judge said.
“Would you like time to find a lawyer and prepare your case?” Sapp asked.
The man, who is not being identified by name because the Houston Landing could not speak with him to get consent, hesitated. He’s one of the many immigrants who has to decide whether to fight his case while detained or risk the dangers of returning to his home country. About 3,700 people are detained across the four Houston-area detention centers, and immigrant detention is expected to increase as the Trump administration explores ways to increase funding for his mass deportation plans. Texas could be a major site of detention expansion, and Gov. Greg Abbott has already offered 4,000 jail beds to detain immigrants.
“Obviously the person doesn’t want to be detained as long either. So a lot of people would just give up rather than fight a case, unless there’s a very good chance of winning,” said immigration lawyer Roberto Blum of Reyes Blum law firm, which serves clients in Houston and Bryan, Texas.
First, the man in court wanted to know if he qualified for voluntary departure, which allows immigrants to return to their home countries at their own expense without a deportation order that could bar them from legal migration in the future. The judge explained that the man would have to withdraw his asylum case to qualify.
“So do you want time or to finalize your case?” Sapp asked again.
“Time,” the man, whose nationality and reasons for seeking asylum was not disclosed, said in Spanish. The judge scheduled the next hearing for March.
Finding representation
Another 20 men, all dressed in the same red, orange, navy blue or dark green shirt and pants sets, faced the same dilemma on a recent Wednesday. Immigration cases for detained immigrants move quickly, with a final decision handed down within months rather than the years it can take for non-detained cases. This makes it more difficult for lawyers to prepare a strong case, if immigrants can even find one in time, lawyers said.
“If you don’t get out on a bond, you have a trial in about a month or two months,” said Jacqueline Sandoval, a Texas-based immigration lawyer who represents clients around the country, including in Houston. “Whatever you’re able to prepare, whatever case you’re able to put together, boom. You have your trial. And that’s it.”
Nationwide, more than 52 percent of asylum cases were denied in 2024, but the rate of denial at the Conroe court for detained immigrants is much higher, ranging between 59 and 99 percent per judge, according to TRAC. Sapp has denied 77 percent of the more than 400 cases he has heard since 2019.
The men who came before Sapp on Wednesday were in the early stages of their immigration cases, some having their rights read for the first time and receiving instructions on how to find a lawyer. Eight had a lawyer present virtually, but most were still looking for representation.
People who have lived in the U.S. for years and have families here are more likely to be able to pay for a lawyer, Sandoval said. Immigrants can represent themselves, but it’s an uphill battle, she said.
“There’s people that have good cases but because they don’t have representation, they don’t know what to mention and there’s no way that they can possibly present the evidence needed,” Sandoval said.
One Cuban man Wednesday told the judge he was afraid to return to his country. Sapp said he could have more time to find a lawyer, but the man said he had no way to pay and no family to help with the cost. The man said he reached out to an organization providing legal aid, but was told they lost funding after federal funding cuts.
“I don’t have a way to gather the evidence while I’m locked up here,” he told the judge in Spanish.
“I understand, but the court can’t be your lawyer,” Sapp answered. The man looked frustrated, but ultimately accepted his next court date in early March.
Fighting for release
Getting out on bond and being able to fight a case while living at home and working rather than locked up can play a big factor in whether clients decide to pursue their cases, lawyers said.
Aggravated felonies and drug convictions make an immigrant ineligible for bond, but a judge can use his or her discretion to determine if other convictions determine a risk to the community.
Two men sought bond Wednesday. Sapp considered whether to let one 43-year-old father from Mexico out on bond.
“Why is the respondent not a danger or a flight risk to the community?” Sapp asked the man’s lawyer.
The lawyer explained that his client has five U.S. citizen children and has resided in the U.S. since 1998. He has a job, apartment lease and owns a car. His client was arrested for driving while intoxicated in January, but has not been convicted. He has two previous convictions for DWI in 2020 and 2009 and an assault conviction from 2009.
Sapp said he did not consider the man a flight risk, but denied bond based on the two DWIs in the past five years, which he deemed makes the man a danger to the community.
The man, wearing green which signals a medium risk detainee, was deported within days and kidnapped in Mexico for a $15,000 ransom, said his lawyer Omar Vargas.
Blum said that he has observed judges being stricter during bond hearings in recent months, given Trump and other Republicans’ focus on immigrants who have been released and committed crimes.
“Some of the judges might be concerned about releasing people and if they commit a crime, then it might come back onto the judge. That’s the impression that I’ve gotten,” Blum said.
In a second bond hearing, Sapp said that the man likely did not pose a flight risk or danger based on his 21 years in the U.S., young daughter, and dismissal of a recent domestic violence charge. But he said he couldn’t let the man out without first filing his paperwork for his immigration case, so he postponed the hearing.
“Thank you,” the man said in English after letting out a big sigh.
Rather just leave
Some immigrants ultimately decide they would rather be deported than remain in detention, lawyers said.
“They’re uncomfortable there and they want to get out, so it’s very few and far between that have a detained trial,” Vargas said. “They don’t want to wait that long.”
Six men in court Wednesday asked the judge about voluntary removal.
One Mexican man in his 40s, wearing a red jump suit for detainees deemed high risk, took his seat in the leather office chair and faced the judge.
Sapp asked if he wanted more time to find a lawyer for his case.
“No, it’s fine now,” he replied in Spanish.
The judge explained that the man could file an asylum application or apply for cancellation of removal.
“Do you want to submit these applications?” the judge asked.
“No, it’s fine,” the man responded in Spanish. “I’d rather just leave for my country.”
Sapp further explained his rights and the implication of giving up his case.
“Do you understand that you can’t change your mind?” Sapp asked.
“It’s ok,” the man said. “I want to finish today.”
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