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Ayo Fernandez v. Thompson — habeas challenge to ICE detention dismissed

Reported / Citable

Case
Juan Carlos Ayo Fernandez et al. v. Raymond Thompson et al.
Court
U.S. District Court for the Southern District of Texas
Judge
Andrew S. Hanen
Date Decided
November 3, 2026
Docket No.
4:26-cv-03345
Topics
Immigration detention; Habeas corpus; ICE; Mandatory detention

Background

Juan Carlos Ayo Fernandez, an ICE detainee, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his ongoing immigration detention.

Uncontroverted summary-judgment evidence showed that Ayo Fernandez had not been admitted to the United States. The court therefore treated him as an applicant for admission subject to mandatory detention under 8 U.S.C. § 1225(b).

The Court’s Holding

The court granted the respondents’ motion for summary judgment and denied the habeas petition. It held that Fifth Circuit decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed Ayo Fernandez’s claims for habeas relief.

The court dismissed the case and denied any remaining pending motions as moot.

Key Takeaways

  • An applicant for admission who has not been admitted to the United States is subject to mandatory detention under 8 U.S.C. § 1225(b).
  • The court found binding Fifth Circuit precedent dispositive of the detainee’s § 2241 claims.
  • The respondents obtained summary judgment, and the habeas action was dismissed.

Why It Matters

The order illustrates the effect of the Fifth Circuit’s 2026 immigration-detention decisions on habeas challenges by nonadmitted noncitizens. Where the detainee is an applicant for admission under § 1225(b), those precedents may foreclose relief from ongoing detention in the Southern District of Texas.

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