Mojena-Ochoa v. Thompson, et al

IN 	THE 	UNITED 	STATES 	DISTRICT 	COURT
FOR 	THE 	SOUTHERN 	DISTRICT 	OF 	TEXAS
HOUSTON 	DIVISION
RAMON 	MOJENA-OCHOA, 	§
§
§
§
§
§
§
§
§
Petitioner,
v. 	CIVIL ACTION 	NO. 	H-26-1247
RAYMOND 	THOMPSON, 	et 	al.,
Respondents.
MEMORANDUM OPINION AND 	ORDER
Ramon Mojena-Ochoa 	("Petitioner"), 	a 	citizen of Cuba, 	entered
the 	United 	States 	on 	March 	5, 	2022, 	and 	was 	issued 	a 	Notice 	to
Appear. 1 	On 	June 	12, 	2025, 	Petitioner 	was 	taken 	into 	immigration
custody 	by 	Immigration 	Customs 	and 	Enforcement 	("ICE") 	under 	§
1225 (b) (2) . 2 	The 	same 	day 	ICE 	moved 	to 	dismiss 	the 	Notice 	to
Appear 	that 	was 	issued 	in 	2022 	and 	processed 	Petitioner 	for
expedited 	removal. 3 	Petitioner 	appealed 	the 	immigration 	judge's
decision 	to 	grant 	the 	dismissal 	of 	the 	Notice 	to 	Appear 	that 	was
1 Petition 	for Writ 	of Habeas Corpus 	Under 28 	U.S.C. 	§ 	2241 	and
Complaint 	for 	Declaratory & Injunctive Relief 	("Habeas 	Petition"),
Docket 	Entry No. 	1, 	p. 	1 	i 	1; 	Response 	to 	the 	Petition 	for 	Writ 	of
Habeas Corpus and Motion for Summary Judgment 	("Respondents' 	MSJ") ,
Docket Entry No. 	6, 	p. 	2. 	For purposes of identification, 	all page
numbers 	refer to the pagination imprinted at the 	top of the page by
the 	court's 	Electronic 	Case 	Filing 	system.
2 Respondents' 	MSJ, 	Docket 	Entry No. 	6, 	p. 	2.
3 Id.
United States District Court
Southern District of Texas
ENTERED
April 20, 2026
Nathan Ochsner, Clerk
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issued 	in 	2022. 4 	Petitioner's 	appeal 	remains 	pending 	before 	the
Board 	of 	Immigration Appeals. 5
Pending 	before 	the 	court 	is 	Petitioner's 	Habeas 	Petition
(Docket Entry No. 	1). 	Petitioner argues that his detention without
a bond hearing violates 	(1) 	the 	Immigration and Nationality Act and
(2) 	due 	process. 6
Also 	pending 	before 	the 	court 	is 	Respondents' 	Motion 	for
Summary 	Judgment 	( Docket 	Entry 	No. 	5) . 	Respondents 	argue 	that
Petitioner can legally be detained under § 	1225 (b) (2) 	because he 	is
an 	applicant 	for 	admission. 7
As the Fifth Circuit explained in 	Buenrostro-Mendez v. 	Bondi,
166 	F.4th 	494 	(5th 	Cir. 	2026), 	§ 	1225(b) (2) 	applies 	to 	aliens 	who
were 	already 	present 	in 	the 	United 	States 	at 	the 	time 	of 	their
arrest. 	1..9...... at 	498, 	508. 	The 	Fifth Circuit's 	analysis 	and holding
applies 	in 	this 	case.
Petitioner's detention without a bond hearing 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
4~
5 Id.
6Habeas 	Petition, 	Docket 	Entry 	No. 	1, 	pp. 	35-41.
7Respondents' 	MSJ, 	Docket 	Entry No. 	5, 	pp. 	1-2.
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permissible 	part 	of 	that 	process.'" 	.1.Q._._ at 	*2 	(quoting 	Demore 	v .
.Kim, 	123 	S. 	Ct. 	1708, 	1721-22 	(2003)). 	Moreover, 	as 	explained 	in
Jacobo-Ventura, 	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§ 	1225(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.
For 	the 	reasons 	explained 	above, 	Respondents' 	Motion 	for
Summary Judgment 	(Docket 	Entry No. 	5) 	is 	GRANTED, 	and 	Petitioner's
Petition 	for 	Writ 	of 	Habeas 	Corpus 	Under 	28 	U.S.C. 	§ 	2241 	and
Complaint 	for 	Declaratory 	& Injunctive 	Relief 	(Docket 	Entry No. 	1)
is 	DENIED.
The court will enter a 	final 	judgment in favor of Respondents.
SIGNED 	at 	Houston, 	Texas, 	on 	this 	20th 	day 	of 	April, 	2026.
SIM LAKE
SENIOR 	UNITED 	STATES 	DISTRICT 	JUDGE
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