4:26-cv-02210•Lua Sosa v. Bradford et al
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JESUS ALBERTO LUA SOSA, §
§
§
§
Petitioner,
VS. § CIVIL ACTION NO . 4:26-CV-02210
§
BRETT A. BRADFORD, et al., §
§
Respondents. §
ORDER OF DISMISSAL
The petitioner, Jesus Alberto Lua Sosa, is a detainee in the custody of United States
Department of Homeland Security, Immigration and Customs Enforcement ("ICE")
officials. Through counsel, petitioner filed a petition for a writ of habeas corpus under 28
U.S.C. § 2241 , challenging his continued detention. Doc. No. 1.
The Court may dismiss a habeas petition on the pleadings "[i]f it plainly appears
from the petition and any attached exhibits that the petitioner is not entitled to relief." Rule
4 of the Rules Governing § 2254 Cases in the United States District Courts (authorizing
preliminary review and summary dismissal of habeas petitions on the pleadings). 1
The petition and attached exhibits reflect that Petitioner is a noncitizen who does
not have lawful status in the United States and entered the United States without inspection
1 A district court may apply any of the rules governing habeas petitions filed under 28 U.S.C.
§ 2254 to those filed under 28 U.S.C. § 2241. See Rule l(b), Rules Governing§ 2254 Cases in the
United States District Courts.
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United States District Court
Southern District of Texas
ENTERED
March 25, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-02210 Document 4 Filed 03/25/26 in TXSD Page 1 of 3more than 12 years ago. Doc. No. 1 at 8. Petitioner contends that he is entitled to a bond hearing under 8 U.S.C . § 1226(a), the statute permitting discretionary bond, and that he has been erroneously categorized as a detainee subject to mandatory detention under 8 U.S.C. § 1225(b ). Petitioner's arguments regarding sections 1225 and 1226 and their implementing regulations are foreclosed by the Fifth Circuit's decision in Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. Feb. 6, 2026). Likewise, his arguments regarding the class action in Maldonado Bautista v. Santacruz, --- F.Supp.3d----, 2025 WL 3713987 (C.D. Cal. Dec. 18 , 2025), fail because, among other things, they are based on an interpretation of sections 1225 and 1226 that was rejected in Buenrostro-Mendez. See Maldonado Bautista, 2025 WL 3713987, at *8-12, appeal pending sub nom. Bautista, et al. v. United States Department ofHomeland Security, et al. , No. 26-1044 (9th Cir. Mar. 6, 2026) (temporarily staying the declaratory judgment insofar as it extends beyond the Central District of California pending a ruling on the motion to stay). In addition, Petitioner's Fifth Amendment Due Process Clause claim is precluded, at this juncture, by Demore v. Kim, 538 U.S. 510,531 (2003), because "[d]etention during removal proceedings is a constitutionally permissible part of that process." Id. ( citations omitted); see also Jennings v. Rodriquez, 583 U.S. 281 , 297 (2018) (explaining that "§§1225(b)(l) and 1225(b)(2) thus mandate detention of applicants for admission until certain proceedings have concluded"). 2 / 3 Case 4:26-cv-02210 Document 4 Filed 03/25/26 in TXSD Page 2 of 3
Accordingly, the Court ORDERS as follows: 1. The petition (Doc. No. 1) is DENIED. 2. This case is DISMISSED without prejudice. 3. All other pending motions, if any, are DENIED as MOOT. ,-t'- ~ day of March 2026. SIGNED on this ANDREW S. HANEN UNITED STATES DISTRICT JUDGE 3 I 3 Case 4:26-cv-02210 Document 4 Filed 03/25/26 in TXSD Page 3 of 3
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