Reported / Citable
Background
Elizabeth Del Valle Diaz Salazar, a native and citizen of Venezuela, filed a habeas petition under 28 U.S.C. § 2241 challenging her ongoing immigration detention.
Uncontroverted summary-judgment evidence showed that Salazar 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 Salazar’s habeas petition. The court held that Fifth Circuit decisions in Buenrostro-Mendez v. Bondi and Sosnava Rodriguez v. Vergara foreclosed her claims for habeas relief.
The court also granted the respondents’ extension request, denied Salazar’s pending motions, denied any other pending motions as moot, and dismissed the case.
Key Takeaways
- An unadmitted noncitizen is an applicant for admission under § 1225(b).
- Applicants for admission are subject to mandatory immigration detention under that provision.
- Controlling Fifth Circuit precedent foreclosed the petitioner’s challenge to that detention.
Why It Matters
The order applies recent Fifth Circuit authority to reject a § 2241 challenge to detention by an unadmitted noncitizen. It underscores that district courts in the circuit will treat those precedents as controlling in challenges to mandatory detention under § 1225(b).