Ismaila Bah v. Todd Blanche, Attorney General; Mark Wayne Mullin, Secretary of the Department of Homeland Security; and Maria Deandra Ybarra, U.S. ICE Field Office Director

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION

ISMAILA BAH, § § Petitioner, § § v. § § TODD BLANCHE, ATTORNEY § No. 3:26-CV-02085-LS GENERAL; MARK WAYNE MULLIN, § SECRETARY OF THE DEPARTMENT § OF HOMELAND SECURITY; AND § MARIA DEANDRA YBARRA, U.S. § ICE FIELD OFFICE DIRECTOR; § § Respondents. §

ORDER DISMISSING CASE

Petitioner Ismaila Bah seeks a writ of habeas corpus under 28 U.S.C. § 2241, but the Court has already considered and denied Petitioner’s claims.1 “[A] petitioner can abuse the writ by raising a claim in a subsequent petition that he could have raised in his first,”2 or by “rais[ing] the same claim a second time,”3 and a district court may raise abuse of the writ sua sponte.4 The district court should then “dismiss any claims raised in [a petitioner’s] second petition that he raised in his first as well.”5 For any new claims that could have been raised in the first petition, the petitioner must “show that a fundamental miscarriage of justice would result from a failure to entertain the claim.”6 Petitioner claims that detention without a bond hearing violates his right to procedural

1 See Bah v. Bondi, No. 3:26-cv-00949 (W.D. Tex. May 15, 2026). 2 McCleskey v. Zant, 499 U.S. 467, 489 (1991). 3 Beras v. Johnson, 978 F.3d 246, 252 (5th Cir. 2020). 4 See United States v. Flores, 981 F.2d 231, 236 (5th Cir. 1993). 5 In re Aldama Aleman, No. 26-50451, 2026 WL 2192789, at *1 (5th Cir. July 29, 2026) (citing Beras v. Johnson, 978 F.3d at 252). 6 Id. (quoting McCleskey, 499 U.S. at 494–95). due process, which was also his first cause of action in his first petition.’ The Court therefore DISMISSES this action with prejudice for abuse of the writ. The Clerk shall close the case. SO ORDERED. SIGNED and ENTERED on August 14, 2026.

LEON SCHYDLOWER UNITED STATES DISTRICT JUDGE

’ Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, Bah v. Bondi, No. 3:26-cv-00949 (W.D. Tex. May 15, 2026), ECF No. 1 at 21-22.