Olguin Hernandez v. Tate, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DMSION
ESTEBAN OLGUIN HERNANDEZ, §
§
§
§
§
§
§
§
§
Petitioner,
V. CML ACTION NO. H-26-7800
RANDY TATE, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
Esteban Olguin Hernandez ("Petitioner"), a citizen of Mexico, entered the United States
without inspection in 1994. 1 On September 1, 2026, Petitioner was taken into immigration custody.2
That same day Petitioner was served with a Notice to Appear, charging him with inadmissibility
pursuant to 8 U.S.C. § 1182(a)(6)(A)(i), "as an alien present in the United States without being
admitted or paroled, or who arrived in the United States at any time or place other than as designated
by the Attorney General."3 Petitioner is in removal proceedings and remains in immigration
custody.4
'Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Habeas Petition''),
Docket Entry No. 1, p. 3 ,r 2; Motion to Stay, and in the Alternative, Motion to Dismiss and/or for
Summary Judgment (''Respondents' MSJ''), Docket Entry No. 5, p. 2. For purposes ofidentification,
all page numbers refer to the pagination imprinted at the top of the page by the court's Electronic
Case Filing system.
2Habeas Petition, Docket Entry No. 1, p. 4 ir,r 8-11.
3Notice to Appear, Exhibit 1 to Respondents' MSJ, Docket Entry No. 5-1, pp. 1, 4.
4Respondents' MSJ, Docket Entry No. 5, p. 3.
United States District Court
Southern District of Texas
ENTERED
October 13, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-07800 Document 7 Filed 10/13/26 in TXSD Page 1 of 3

Pending before the court is Petitioner's Habeas Petition (Docket Entry No. 1). Petitioner
argues that his detention without a bond hearing violates due process and the Administrative
Procedure Act ("APA"), and that his warrantless arrest violates the Fourth Amendmenl5 Also
pending before the court is Respondents' Motion for Summary Judgment (Docket Entry No. 5).
Respondents argue that Petitioner is legally detained under§ 1225(b )(2) because he is an applicant
for admission.6 Petitioner has filed a response.7
Because ''presence without admission deems [Petitioner] to be [an] applicant□ for
admission," Petitioner is subject to mandatory detention under§ 1225(b)(2). Buemostro-Mendez
v. Boodi,166 F.4th 494, 498, 502 (5th Cir. 2026). This mandatory detention does not violate
substantive or procedural due process. As explained in Garcia De La Cruz v. Bondi, Civil Action
No. H-25-5577, 2026 WL 309939 (S.D. Tex. Feb. 5, 2026), the Supreme Court has made clear that
"' [d]etention during removal proceedings is a constitutionally permissible part of that process."' Id..
at *2 (quoting Demore y, Kim, 123 S. Ct. 1708, 1721-22 (2003)). Moreover, as explained in
Jacobo-Ventura v. Dickey, Civil Action No. H-25-6117 (S.D. Tex. Feb. 19, 2026), because
Petitioner only has those rights regarding admission that Congress has provided by statute, and
because§ l 225(b)(2) mandates detention of applicants for admission until certain proceedings have
concluded, Petitioner is not entitled to a bond hearing as a matter of procedural due process.
Moreover, although Petitioner alleges he was arrested without a warrant in violation of the
Fourth Amendment, "an illegal m:@.fil has no bearing on the legality of detention following that
5Habeas Petition,DocketEntryNo. 1,pp. 8-10�� 22-35. As explained by Jimenezv. Noem,
Civil Action No. H-25-5853 (S.D. Tex. Feb. 10, 2026), Petitioner's claim under the APA is
foreclosed.
6Respondents' MSJ, Docket Entry No. 5, pp. 1-2.
7Response to Federal Motion to Stay and in the Alternative, Motion to Dismiss and/or for
Summary Judgment, Docket Entry No. 6.
-2-
Case 4:26-cv-07800 Document 7 Filed 10/13/26 in TXSD Page 2 of 3

arrest." Carnesoltay. Tate, Civi1Action Number4:26- cv-01006,2026 WL 948727, at *4 (S.D. Tex.
Apr. 8, 2026).
For the reasons explained above, Respondent's Motion for Summary Judgment (Docket
Entry No. 5) is GRANTED, and Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 (Docket Entry No. 1 ) is DENIED.
The court will enter a final judgment in favor of Respondents.
SIGNED at Houston, Texas, on this 13th day of October, 2026.
__, ct:f
SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE
-3-
Case 4:26-cv-07800 Document 7 Filed 10/13/26 in TXSD Page 3 of 3