Western District of Texas • 5:26-cv-00071

Jan 07, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (vl)

Jan 07, 2026

Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (vl)

#1

Jan 08, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21183964), filed by Luis Manuel Abdala Sablon. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit DHS/ICE Online Detainee Locator, # 3 Exhibit Notice to Appear, # 4 Exhibit Bond Order of IJ 11-12-2025, # 5 Exhibit Bond Order of IJ 12-03-2025, # 6 Exhibit DHS Interim Guidance)(Semino, Veronica) (Entered: 01/08/2026)

#2

Jan 08, 2026

Order

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Jan 08, 2026

Certified Mail Receipt

Jan 08, 2026

Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (vl)

Jan 08, 2026

To be Referred to SA Mag Judge

Jan 08, 2026

Case Assigned/Reassigned

Jan 08, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (vl)

#4

Jan 09, 2026

Order

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Jan 14, 2026

Response

#6

Jan 15, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS. Respondents have submitted a 5 Response claiming that they lawfully detain Petitioner under 8 U.S.C. § 1225(b)(1) and that Petitioner has not overcome asserted jurisdictional hurdles. The Court finds no need to await a reply and finds no material difference between this case and numerous others that have rejected Respondents' position and their jurisdictional arguments. See, e.g., Ordonez Flores v. Noem, No. 5:25-CV-1873-JKP, unpub. ord. (W.D. Tex. Jan. 6, 2026); Diaz Perez v. Thompson, No. 5:25-CV-1664-JKP, 2025 WL 3654333 (W.D. Tex. Dec. 15, 2025); Davila Mercado v. Lyons, No. 5:25-CV-1623-JKP, 2025 WL 3654268 (W.D. Tex. Dec. 11, 2025). After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition for the same reasons stated in the cases identified herein. The factual and legal issues presented in this case do not differ in any material fashion from those presented in the identified decisions. For reasons previously stated in other cases, the Court finds that (1) it has jurisdiction to consider the arguments presented in the instant habeas petition; (2) Respondents have violated provisions of the Immigration and Nationality Act; (3) Petitioner cannot be detained under 8 U.S.C. § 1225(b); (4) fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one; and (5) Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM (C.D. Cal. 2025) does not preclude granting habeas relief in this case at this time. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider any constitutional or other challenge presented. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. Accordingly, it is ORDERED that Respondents are DIRECTED to RELEASE Petitioner from custody, under appropriate conditions of release, to a public place no later than January 17, 2026. Respondents must NOTIFY Petitioner's counsel of the exact location and exact time of his release as soon as practicable and no less than two hours before his release. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. If Petitioner is re-detained pursuant to 8 U.S.C. § 1226, all applicable procedures must be followed, including that Petitioner be afforded a bond hearing. The parties shall FILE a Joint Status report no later than January 18, 2026, confirming that Petitioner has been released. A written final judgment will be issued separately to summarize the orders of the Court and to close this habeas case. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 01/15/2026)

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Jan 15, 2026

Judgment

Jan 15, 2026

Order

#8

Jan 17, 2026

Status Report

#9

Jan 18, 2026

Certified Mail Receipt