Reported / Citable
Background
Adonis Ceballo Rubio, a Cuban citizen detained at El Valle Detention Facility in Raymondville, Texas, filed a pro se habeas petition under 28 U.S.C. § 2241. He alleged that his ICE detention was illegal because he had been in custody for more than 180 days.
An immigration judge ordered Rubio removed on February 4, 2026. Rubio appealed that order to the Board of Immigration Appeals on February 13, and the appeal remained pending when he filed his petition.
The Court’s Holding
Magistrate Judge Ignacio Torteya III recommended dismissal without prejudice for lack of subject-matter jurisdiction. Construing Rubio’s petition as a challenge under Zadvydas v. Davis, the magistrate judge concluded that the claim was unripe because Rubio was not yet subject to a final removal order.
A removal order does not become final while a BIA appeal remains pending. Because the post-removal detention framework addressed in Zadvydas applies only after a removal order becomes final, judicial review of Rubio’s detention claim was premature. The recommendation also directed the clerk to close the case.
Key Takeaways
- A pending BIA appeal means the removal order is not administratively final.
- A Zadvydas-based challenge to post-removal detention is premature before a final removal order.
- Dismissal for lack of subject-matter jurisdiction should be without prejudice.
Why It Matters
The report underscores the procedural boundary between detention during ongoing removal proceedings and detention after a final removal order. Detainees seeking relief under Zadvydas must first establish that the post-removal detention period has begun.