Reported / Citable
Background
Ali Dost, an ICE detainee, filed a habeas petition under 28 U.S.C. § 2241 challenging his continued detention.
The uncontroverted summary-judgment record showed that Dost 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 Dost’s habeas petition. It held that Fifth Circuit decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed his claims for habeas relief.
The court dismissed the case and denied all remaining pending motions as moot.
Key Takeaways
- An unadmitted noncitizen is an applicant for admission under 8 U.S.C. § 1225(b) and is subject to mandatory detention.
- Uncontroverted summary-judgment evidence established Dost’s admission status.
- Controlling Fifth Circuit precedent foreclosed the detainee’s requested habeas relief.
Why It Matters
The order applies recent Fifth Circuit authority to reject a § 2241 challenge to ongoing ICE detention by an applicant for admission. It underscores that district courts in the circuit will treat those precedents as dispositive where the detainee’s unadmitted status is established on an undisputed record.