Decisions

Mbaba v. Perez

S.D. Tex. · February 13, 2026

Court S.D. Tex.
Decided February 13, 2026
Docket 5:26-cv-00070 (ECF No. 23)
Judge Diana Saldaña, District Judge.
Outcome Interim relief granted
Disposition Temporary restraining order of 18 January 2026 converted into a preliminary injunction. Respondents enjoined from transferring the petitioner outside the judicial district, or removing her to any third country, unless the government gives her at least ten days’ notice of the proposed country of removal and an opportunity to reopen her removal proceedings to seek fear-based protection as to that country. Bond waived.
Nationality Native and citizen of Mauritania, aged thirty-six. Entered the United States in December 2024 and detained since then at the Laredo Processing Center. Granted withholding of removal, and withholding and deferral of removal under the Convention Against Torture, by an immigration judge on 28 July 2025; the order designated Mauritania as the country of removal and withheld removal there.
Third country Equatorial Guinea

The petitioner, a woman from Mauritania, was granted withholding of removal and protection under the Convention Against Torture on 28 July 2025, after an immigration judge found it more likely than not that she would be persecuted and tortured if returned to Mauritania. Neither the government nor the immigration judge ever identified another country to which she could be removed during her removal proceedings. On 17 January 2026 an employee of CoreCivic, the contractor that runs the Laredo Processing Center, told her that she would be moved to Louisiana for removal to a third country on 20 January 2026. She received no written notice. The court granted a temporary restraining order on 18 January 2026, the day she filed. The government then told the court that on or about 16 January 2026 she had been approved for removal to a “safe third country,” specifically Equatorial Guinea.

The court held that 8 U.S.C. § 1252(g), (a)(5) and (b)(9) did not bar review, because she sought review not of the decision to execute her removal order but “of the process due to her under the Fifth Amendment’s Due Process Clause after that decision has been made.” It held the dispute ripe: her removal “was imminent at the time of Petitioner’s initial filing and continues to be imminent.”

On the merits it held that neither route under the March 2025 Guidance gives a meaningful opportunity to raise a fear claim: removal on diplomatic assurances without any individual assessment, and a fear screening by U.S. Citizenship and Immigration Services without an evidentiary hearing or review by an immigration judge. “Due process requires the Government to answer whether Ms. Mbaba specifically faces possible torture or persecution in Equatorial Guinea”, including whether removal there would lead to chain refoulement to Mauritania. The court concluded: “Thus, reliance on blanket assurances is no substitute for an individualized determination through a proceeding that is appropriately calibrated to provide notice and an opportunity to be heard.”

It held that reopened removal proceedings before an immigration judge are the right vehicle, and that a discretionary motion to reopen is not enough, because “due process requires assurance that reopened proceedings will in fact take place.” It rejected as “patently unreasonable and impracticable” the government’s argument that she should have foreseen removal to any country in the world and raised every such fear in her original proceedings. It also held that the Mandamus Act allowed it to require notice and an opportunity to be heard before any removal.

On irreparable harm the court recorded, from the petitioner’s reply citing The Africa Report of 16 January 2026, that “Equatorial Guinea has reportedly refouled eight out of the nine third-country removees it has received under the new third country removal policy.” It found that “there is very good reason to believe that Equatorial Guinea will likewise immediately send Ms. Mbaba back to Mauritania and to the hereditary chattel slavery that she escaped from.”

Caution A preliminary injunction resting on likelihood of success, not a final judgment. The case was brought as a complaint for injunctive and declaratory relief and a petition for a writ of mandamus, not as a habeas petition. The injunction no longer operates. On 20 May 2026 the court reiterated it when the government said it now intended to remove the petitioner to Cameroon; that order is recorded separately in this register. On 21 July 2026 the petitioner and the federal respondents filed a self-effectuating joint stipulation of dismissal, which notified the court that the case was dismissed without prejudice as moot, and on 24 July 2026 the court directed the clerk to terminate the case (ECF No. 34). The documents read do not say why the case became moot. The same page of the order also contains the sentence “[r]eliance on such blanket assurances as a substitution for notice and the opportunity to be heard cannot comport with basic due process”. That is the court quoting Esmail v. Noem (C.D. Cal. 26 September 2025); the court’s own formulation is the sentence quoted above.

Third-country removal Notice Diplomatic assurances Chain refoulement Withholding of removal CAT deferral Reopened removal proceedings Due process Jurisdiction 1252(g) Jurisdiction 1252(a)(5) Jurisdiction 1252(b)(9) Ripeness Transfer out of district Preliminary injunction Mandamus

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