Reported / Citable
Background
Oscar Fernando Perez Canil, an ICE detainee, petitioned for habeas relief under 28 U.S.C. § 2241, challenging his ongoing immigration detention.
The petition stated that Perez Canil entered the United States when he was about 12 years old, around 2007 or 2008, and did not indicate that he had been admitted to the country.
The Court’s Holding
Judge Andrew S. Hanen denied the petition and dismissed the case at the pleading stage. The court treated Perez Canil as an applicant for admission under 8 U.S.C. § 1225(b), making him subject to mandatory detention.
The court held that the Fifth Circuit’s decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed Perez Canil’s claims for habeas relief. It also denied any remaining motions as moot.
Key Takeaways
- An immigration detainee who has not been admitted to the United States may be treated as an applicant for admission under 8 U.S.C. § 1225(b).
- The court concluded that § 1225(b) required Perez Canil’s detention.
- Controlling Fifth Circuit precedent foreclosed the detainee’s § 2241 challenge.
Why It Matters
The order applies recent Fifth Circuit immigration-detention precedent to dismiss a habeas petition without further proceedings. It underscores the limited availability of habeas relief in the Southern District of Texas for detention challenges by nonadmitted entrants subject to § 1225(b).