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Osejo-Andrade v. Tate — Court denies habeas challenge to mandatory immigration detention

Reported / Citable

Case
Mayerling Sarahi Osejo-Andrade v. Randy Tate et al.
Court
U.S. District Court for the Southern District of Texas
Judge
Andrew S. Hanen
Date Decided
October 28, 2026
Docket No.
4:26-cv-02619
Topics
Immigration detention; Habeas corpus; Mandatory detention

Background

Mayerling Sarahi Osejo-Andrade, detained by U.S. Immigration and Customs Enforcement at the Montgomery Processing Center in Conroe, Texas, petitioned for habeas corpus relief under 28 U.S.C. § 2241. Through counsel, she challenged her continued detention.

The record showed that Osejo-Andrade had not been admitted to the United States. The court therefore treated her 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 the habeas petition. The court held that Fifth Circuit decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed Osejo-Andrade’s 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 subject to mandatory detention under 8 U.S.C. § 1225(b).
  • The court held that controlling Fifth Circuit precedent foreclosed this detainee’s habeas challenge to continued detention.
  • The respondents obtained summary judgment, and the § 2241 petition was denied and dismissed.

Why It Matters

The order applies recent Fifth Circuit authority to reject a habeas challenge by an applicant for admission held under § 1225(b). It underscores that district courts in the circuit will treat those appellate decisions as dispositive of comparable challenges to mandatory immigration detention.

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