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Atencio — court dismisses immigration-detention habeas petition

Reported / Citable

Case
Dayron Anaya Atencio v. Warden Joe Corley Processing Center, 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-02892
Topics
Immigration detention; Habeas corpus; Mandatory detention

Background

Dayron Anaya Atencio, a native and citizen of Cuba, filed a habeas petition under 28 U.S.C. § 2241 challenging his ongoing immigration detention.

The uncontroverted summary-judgment evidence showed that Atencio 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

Judge Andrew S. Hanen granted the respondents’ motion for summary judgment and denied Atencio’s habeas petition.

The court held that Fifth Circuit decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed Atencio’s claims for habeas relief. It dismissed the case and denied any remaining motions as moot.

Key Takeaways

  • An immigrant who has not been admitted to the United States is an applicant for admission under § 1225(b).
  • The court concluded that § 1225(b) required Atencio’s mandatory detention.
  • Controlling Fifth Circuit precedent foreclosed the requested habeas relief.

Why It Matters

The decision applies recent Fifth Circuit immigration-detention precedent to reject a § 2241 challenge by an applicant for admission. It underscores that district courts in the circuit will dismiss claims inconsistent with those controlling decisions.

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