4:26-cv-03665•Ferrer Valle v. Tate et al
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IRAEL FERRER VALLE, §
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Petitioner,
v.
RANDALL TATE, et al.,
Respondents.
CIVIL ACTION NO. H-26-3665
MEMORANDUM OPINION AND ORDER
Irael Ferrer Valle ("Petitioner"), a citizen of Cuba, entered
the United States on December 7, 2023, through the CBP One process
and was issued an I-94 parole authorizing his admission to the
United States through December 7, 2025. 1 On February 28, 2025,
Petitioner filed a Form I-485 Application to Register Permanent
Residence or Adjust Status under the Cuban Adjustment Act. 2 That
application remains pending. 3 On April 6, 2026, Petitioner was
transferred to Immigration and Customs Enforcement custody from
local custody. 4
Pending before the court is Petitioner's Habeas Petition
(Docket Entry No. 1). Petitioner argues that his detention without
1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2241 ("Habeas Petition"), Docket Entry No. 1, p. 3 c_n: 11. 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 Id.
4 .l.d...... at 4 c_n: 12.
United States District Court
Southern District of Texas
ENTERED
June 23, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-03665 Document 7 Filed 06/23/26 in TXSD Page 1 of 3a bond hearing violates due process. 5 Petitioner also argues that
his warrantless arrest violates the Accardi doctrine. 6
Also pending before the court is Respondents' Motion for
Summary Judgment and Response to the Petition for Writ of Habeas
Corpus ("Respondents' MSJ") ( Docket Entry No. 5) . Respondents
argue that Petitioner is legally detained under § 1225 (b) (2)
because he is an applicant for admission and that the legality of
his arrest cannot be used to challenge the legality of his
detention. 7 Petitioner has filed a reply. 8
Respondents have not shown that Petitioner is subject to
mandatory detention under§ 1225(b) (2). Although Respondents argue
that Petitioner's case cannot be distinguished from Buenrostro
because he is "an alien present in the United States who entered
the country unlawfully without being ad.mi tted or paroled, " 9 the
record clearly establishes that Petitioner entered the United
States on December 7, 2023, through the CBP One process and was
issued an I-94 parole authorizing his admission to the United
5 Id. at 14-15 ~i 41-47.
6~ at 15-16 ii 48-54.
7Respondents' MSJ, Docket Entry No. 5, pp. 1-2.
8 Peti tioner' s Reply in Support of His Petition for Writ of
Habeas Corpus and in Opposition to Respondents' Motion for Summary
Judgment, Docket Entry No. 6.
9 Respondents' MSJ, Docket Entry No. 5, p. 3.
-2-
Case 4:26-cv-03665 Document 7 Filed 06/23/26 in TXSD Page 2 of 3States through December 7, 2025. 10 Although the parole date has passed, there is no evidence that Petitioner has been served with a Notice to Appear denying him admission into the United States. For the reasons explained above, Respondents are ORDERED to either file a response by July 7, 2026, explaining why Petitioner is subject to mandatory detention under§ 1225(b) (2) or to provide Petitioner a bond hearing by July 7, 2026. The parties are further ORDERED to file a status report with the court by July 14, 2026. SIGNED at Houston, Texas, on this 23rd day of June, 2026. SENIOR UNITED STATES DISTRICT JUDGE 10 Most Recent I-94, Exhibit 1 to Habeas Petition, Docket Entry No. 1-1, p. 4. -3- Case 4:26-cv-03665 Document 7 Filed 06/23/26 in TXSD Page 3 of 3
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