Moreno Palacios v. Mullin et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LIDIA MORENO PALACIOS,
Petitioner,
v.
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CIVIL ACTION NO. H-26-4038
MARKWAYNE MULLIN, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
On May 31, 2003, Lidia Moreno Palacios ("Petitioner"), a
citizen Mexico, was admitted into the United States as a
nonimmigrant 82 visitor with authorization to remain in the United
States for a temporary period not to exceed May 4, 2004. 1
Petitioner remained in the country beyond that date without
authorization.2 On June 27, 2023, Petitioner was found in Conroe,
Texas.3 That same day, Petitioner was served a Notice to Appear,
charging her with removability pursuant to§ 237 (a) (1) (C) (i) of the
Immigration and Nationality Act ("INA") for fail to comply with
the conditions of nonimmigrant status and pursuant to §
1Respondents' Motion to Dismiss Petition for a Writ of Habeas
Corpus Under 28 U.S.C. § 2241 for Lack of Ripeness ("Respondents'
MTD"), Docket Entry No. 5, if. 2. For purposes of identification,
all page numbers refer to t:'he pagination imprinted at the top of
the page by the court's Electronic Case Filing system.
2
3l.s:L..
United States District Court
Southern District of Texas
ENTERED
May 27, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-04038 Document 7 Filed 05/27/26 in TXSD Page 1 of 4

237 (a) (1) (B) of the INA for remaining in the United States for a
period longer than permitted. 4
On October 25, 2024, after reviewing Petitioner's written
pleadings, an immigration judge found Petitioner removable as
charged. 5 Because Petitioner failed to file an application for
relief within sixty days of the October 25, 2024, decision, on
December 30, 2024, the immigration judge ordered Petitioner removed
to Mexico. 6
On January 21, 2025, Petitioner filed a Motion to Reopen
before the immigration court. 7 The motion was denied on February
4, 2025. 8 On February 24, 2025, Petitioner filed a Motion to
Reconsider before the immigration court, which was denied on March
6, 2025. 9 On March 17, 2025, Petitioner filed an appeal with the
Board of Immigration Appeals. 10 Her appeal remains pending. 11
Petitioner is not currently in detention or Immigration and Customs
4�
51.Q_,_ at 2-3.
6 Id. at 3.
7I.g__,_
8 Id.
9J_g_,_; Order of the Immigration Judge,
Respondents' MTD, Docket Entry No. 5-6, p. 4.
10Respondents' MTD, Docket Entry No. 5, p. 3.
-2-
Exhibit 6 to
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Enforcement ("ICE") custody. 12 There is currently no stay in place
on Petitioner's removal. 13
Pending before the court is Petitioner's Petition for Writ Of
Habeas Corpus and for Emergency Temporary Injunctions ("Habeas
Petition") (Docket Entry No. 1). Petitioner asks this court to
enjoin ICE from (1) moving her outside the jurisdiction of this
court while these proceedings are pending, (2) removing her while
her appeal is pending before the Board of Immigration Appeals, and
(3) revoking her bond and detaining her.14
Also pending before the court is Respondents' Motion to
Dismiss (Docket Entry No. 5). Respondents argue that Petitioner
cannot seek habeas relief because she is not currently in the
custody of the Government. 15 Respondents also argue that even if
Petitioner is detained in the future, she "may fi
corpus petition at that time."16
another habeas
"The 'federal habeas statue gives the United States district
courts jurisdiction to entertain petitions for habeas relief only
from persons who are in custody in violation of the Constitution or
laws or treaties of the United States.'" Rezaei v. Martinez, Civil
Action Number 4:26-cv-00800, 2026 WL 346141, at *1 (S.D. Tex. Feb.
12�
13.Ict.:..
14Habeas Petition, Docket Entry No. 1, pp. 4-5.
15Respondents' MTD, Docket Entry No. 5, p. 1.
16Id. at 5.
-3-
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9, 2026) (quoting Maleng v. Cook, 109 s. Ct. 1923, 1925 (1989))
(emphasis in original). "The Supreme Court has 'interpreted the
statutory language as requiring that the habeas petitioner be in
custody under the conviction or sentence under attack at the time
his petition is filed.'" J_g_,__ (quoting Maleng, 109 S. Ct. at 1925)
(emphasis in original). Because Petitioner concedes that she is
currently released on bond, 17 she has failed to satisfy the in
custody requirement. J..9..:...
Petitioner also leges that she has been ordered to report to
the Houston Field Office of ICE on May 29, 2026, for deportation.18
However, Petitioner has failed to provide the court with any
documentation in support of her assertion.
For the reasons explained above, Petitioner's Emergency Motion
for Temporary Injunctions (Docket Entry No. 1) is DENIED.
Petitioner ORDERED to respond to Respondents' Motion to Dismiss
(Docket Entry No. 5) by June 1, 2026.
SIGNED at Houston, Texas, on this 27th day of May, 2026.
SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE
17 Habeas Petition, Docket Entry No. 1, p. 5.
18J..Q..._ at 2.
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