Reported / Citable
Background
Eduardo Fuertes Guzman, an ICE detainee, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241. He challenged his ongoing immigration detention.
The petition and its exhibits showed that Fuertes Guzman had not been admitted to the United States. The court therefore treated him as an applicant for admission subject to detention under 8 U.S.C. § 1225(b).
The Court’s Holding
Judge Andrew S. Hanen denied the habeas petition and dismissed the case. The court concluded that the petition established on its face that Fuertes Guzman was subject to mandatory detention as an applicant for admission.
The court held that Fifth Circuit decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed Fuertes Guzman’s claims for habeas relief. It also denied any pending motions as moot.
Key Takeaways
- An unadmitted noncitizen is treated as an applicant for admission under 8 U.S.C. § 1225(b).
- The court found Fifth Circuit precedent dispositive of the detainee’s habeas challenge.
- The § 2241 petition was denied at preliminary review and the action was dismissed.
Why It Matters
The order applies recent Fifth Circuit immigration-detention precedent to reject a habeas challenge by an applicant for admission. It underscores that, in the Southern District of Texas, such claims may be dismissed at the pleading stage where the petition shows the detainee is subject to § 1225(b) mandatory detention.