Western District of Texas • 5:26-cv-00139

#1

Jan 13, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21211378), filed by WILFREDO PERELLO-LARA. (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement)(Square, David) (Entered: 01/13/2026)

Jan 13, 2026

To be Referred to SA Mag Judge

Jan 13, 2026

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

Jan 13, 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 13, 2026

Case Assigned/Reassigned

#2

Jan 14, 2026

STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (r013) (Entered: 01/14/2026)

#3

Jan 14, 2026

ORDER FOR SERVICE-Before the Court is a Petition for Writ of Habeas Corpus (ECF No. 1). The Court hereby DIRECTS the Clerk of Court to furnish a copy of any noted filing and this Order to the Office of the United States Attorney in San Antonio, Texas. Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus no later than January 21, 2026, at 1:00 p.m.IT IS FURTHER ORDERED that any possible or anticipated removal or transfer is IMMEDIATELY STAYED until further order from this Court. Respondents shall not transfer the above-named Petitioner outside of this judicial district during the pendency of this litigation and until further Order of this Court allowing removal or transfer.. Signed by Judge Jason K. Pulliam. (vl) (Entered: 01/14/2026)

#4

Jan 14, 2026

Certified Mail Receipt of 3 Order,,, 1 Petition for Writ of Habeas Corpus, (vl) (Entered: 01/14/2026)

#5

Jan 21, 2026

Response to Habeas Petition

#6

Jan 21, 2026

TEXT ORDER GRANTING 1 Petition for Writ Of Habeas Corpus. Respondents have submitted an 5 Abbreviated Response to preserve the legal issues and to conserve judicial and party resources. They acknowledge that this Court's prior rulings concerning similar challenges to the government policy or practice at issue in this case, and the common question of law between this case and those rulings, would control the result in this case should this Court follow its legal reasoning in its prior decisions. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition for the same reasons stated in the prior relevant decisions identified in 5 Abbreviated Response and footnote 1 of 3 Order for Service. While Respondents respectfully disagree with those decisions, the factual and legal issues presented in this case do not differ in any material fashion from those presented in the identified decisions. As requested by Respondents, the Court incorporates the filings in those cases into the record in this case. 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. Although Petitioner also invokes Zadvydas v. Davis, 533 U.S. 678 (2001), as a basis for habeas relief, the Court has no need to address whether Petitioner is entitled to relief under Zadvydas given the findings of the Court. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. Accordingly, it grants the Petition for Writ of Habeas Corpus. 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 23, 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. Respondents shall FILE a Status Report no later than January 24, 2026, confirming that Petitioner has been released. If counsel for Petitioner disagrees with any aspect of the filed Status Report, counsel may file a separate Status Report. 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: 01/21/2026)

#7

Jan 21, 2026

Judgment

Jan 21, 2026

Order

#8

Jan 23, 2026

Advisory to the Court

#9

Jan 27, 2026

Certified Mail Receipt