Alayande v. Frink

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ADEDOJA OMOBOYIN ALA Y ANDE, 	§
§
Petitioner, 	§
§
VS. 	§ 	CIVIL ACTION NO. 4:26-CV-00871
§
MARTIN FRINK, 	§
§
Respondent. 	§
ORDER OF DISMISSAL
The petitioner, Adedoja Omoboyin Alayande, is a detainee in the custody of United
States Department of Homeland Security, Immigration and Customs Enforcement ("ICE")
officials at the Houston Processing Center. 	Alayande filed a petition for a writ of habeas
corpus under 28 U.S .C. § 2241, challenging her continued detention. Doc. No. 1.
The Court observes that Alayande previously filed a petition seeking the same relief
that she seeks in this case. See Alayande v. Frink, Civ. No. 4:26-cv-373 (S.D. Tex. 2026). 1
In Alayande, the Court held that it lacked jurisdiction to review the denial of the petitioner's
bond redetermination because an Immigration Judge ("IJ") had conducted that hearing
under 8 U.S.C . § 1226(a) and determined that the petitioner is a danger to persons and
1 The Court takes judicial notice of the petitioner's previous case. 	In Alayande, the Government
explained that the petitioner is being held under 8 U.S.C. § 1226(a) because she overstayed her
visa. Id. at Doc. No. 7. 	She was afforded a bond hearing, and bond was denied based on the
Immigration Judge's findings. See id. at Doc. Nos. 7 & 8.
1 / 2
United States District Court
Southern District of Texas
ENTERED
March 03, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-00871 Document 6 Filed 03/03/26 in TXSD Page 1 of 2

property based on her arrest and subsequent charges for injury to a child and burglary of a
habitation. Id. at Doc. No. 8.
As the Alayande Court found, the IJ's discretionary determination is not subject to
review. Id. at 3 (citing 8 U.S.C. § 1226(e)). Alayande does not otherwise state a claim for
which habeas relief may be granted.
Accordingly, the Court ORDERS as follows:
1. 	The petition (Doc. No. 1) is DENIED.
2. 	This case is DISMISSED.
3. 	All other pending motions, if any, are DENIED as MOOT.
3 ,1
SIGNED on this ____ day of March 2026.
~b\ L_
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
2 / 2
Case 4:26-cv-00871 Document 6 Filed 03/03/26 in TXSD Page 2 of 2