Samano Aguilar v. Thompson
5:25-cv-01701
W.D. Tex.
Jan 8, 2026
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Docket
Case 5:25-cv-01701-OLG Document13_ Filed 01/07/26 Pagelof2 FILED January 07, 2026 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEX AS WESTERN DISTRICT OF TEXAS NM BY: SAN ANTONIO DIVISION Sanay JESUS SAMANO AGUILAR, § § Petitioner, § § v. § CIVIL NO. SA-25-CV-1701-OLG § BOBBY THOMPSON ef al., § § Respondents. § ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS Before the Court is Petitioner Jesus Samano Aguilar’s Petition for Writ of Habeas Corpus (Dkt. No. 1), filed pursuant to 28 U.S.C. § 2241, to which Respondents have responded (Dkt. No. 9), and Petitioner has replied (Dkt. No. 12). Based on the pleadings, the relevant facts in this case are essentially undisputed: Petitioner is a citizen of Mexico who entered the United States without inspection in 2002. See Dkt. Nos. | at 2; 9 at 2. This proceeding turns entirely on whether, as the Board of Immigration Appeals has held, all applicants for admission are “seeking” admission by virtue of their being present in the United States without having been admitted or paroled and are, therefore, subject to mandatory detention under § 1225(b)(2)(A). See Matter of Yajure Hurtado, 29 1&N Dec, 216, 220-21 (BIA 2025). If not, Petitioner would be subject only to discretionary detention under 8 U.S.C. § 1226(a) and, thus, entitled to a bond redetermination before an immigration judge. See Dkt. Nos. | at 7; 9 at 3, 5-6. Having already resolved this question against Respondents’ position in other habeas cases, the Court required Respondents to consider its prior orders and identify in their response any ' See Rahimi v. Thompson, No. SA-25-CV-1338-OLG, Order Granting in Part Petition for Writ of Habeas Corpus (W.D. Tex. Dec. 4, 2025); Mendoza Euceda v. Noem, No. SA-25-CV-1234-OLG, Order Granting Case 5:25-cv-01701-OLG Document13 _ Filed 01/07/26 Page2of2 material differences between the facts of this case and the facts presented in those cases. Dkt. No. 5 at 2. On December 17, 2025, Respondents advised that “[nJo material differences exist between these cases and the one presented before the Court.” Dkt. No. 9 at 2.7 Accordingly, given the absence of any material differences between this case and Mendoza Euceda and Rahimi, the Court will grant the Petition and order that Petitioner be given a bond hearing or released within 14 days. Petitioner Jesus Samano Aguilar’s Petition for Writ of Habeas Corpus (Dkt. No. 1) is therefore GRANTED in that Respondents must provide Petitioner with a bond hearing pursuant to § 1226(a) within 14 days from the date below or release him. Respondents must file an advisory as to the status of Petitioner’s bond hearing, if any, no later than 21 days from the date below. This case is CLOSED. It isso ORDERED. SIGNED this “\ day of January, 2026. Ca ORLANDO L. GARCIA United States District Judge in Part Petition for Writ of Habeas Corpus (W.D. Tex. Nov. 17, 2025); see alsa Perez-Puerta v. Johnson, No. SA-25-CV-1476-OLG, Order Granting Petition for Writ of Habeas Corpus (W.D. Tex. Dec. 15, 2025). ? Indeed, the Court notes that Respondents here cite the same jurisdiction-stripping provisions of the INA— ie., 8 U.S.C. §§ 1252(g), 1252(b)(9), and 1225(b)(4)—which the Court has already addressed and found to be inapplicable in cases like this one. See Dkt. No. 9 at 6-7; Perez-Puerta, No. SA-25-CV-1476-OLG, Order Granting Petition for Writ of Habeas Corpus; Rahimi, No. SA-25-CV-1338-OLG, Order Granting in Part Petition for Writ of Habeas Corpus; Mendoza Euceda, No. SA-25-CV-1234-OLG, Order Granting in Part Petition for Writ of Habeas Corpus.