Ferrer Valle v. Tate et al

IN 	THE 	UNITED 	STATES 	DISTRICT 	COURT
FOR THE 	SOUTHERN 	DISTRICT 	OF 	TEXAS
HOUSTON 	DIVISION
IRAEL 	FERRER VALLE, 	§
§
§
§
§
§
§
§
§
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 3

a 	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.
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States 	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.
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