Western District of Texas • 5:26-cv-00368

#1

Jan 23, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21262642), filed by Romel Surin. (Attachments: # 1 Supplement Certificate of Service, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5)(Gonzalez, Juan) (Entered: 01/23/2026)

#2

Jan 23, 2026

ORDER FOR SERVICE--Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus no later than January 29, 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.. Signed by Judge Jason K. Pulliam. (vnd) (Entered: 01/23/2026)

#3

Jan 23, 2026

Certified Mail Receipt of 2 Order, 1 Petition for Writ of Habeas Corpus, (vnd) (Entered: 01/23/2026)

Jan 23, 2026

Case Assigned/Reassigned

Jan 23, 2026

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

Jan 23, 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. (vnd)

Jan 23, 2026

To be Referred to SA Mag Judge

#4

Jan 26, 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: 01/26/2026)

#5

Jan 29, 2026

Response to Habeas Petition

#6

Jan 29, 2026

Supplement to

#7

Jan 29, 2026

TEXT ORDER GRANTING 1 Petition for Writ of Habeas Corpus. Respondents have submitted an 5 Abbreviated Response with 6 Supplement 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 2 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 Temporary Protected Status ("TPS") as a basis for habeas relief, the Court has no need to address whether Petitioner is entitled to relief due to TPS 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 is ORDERED that Respondents are DIRECTED to RELEASE Petitioner from custody, under appropriate conditions of release, to a public place no later than January 31, 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. Respondents shall FILE a Status Report no later than February 1, 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: 01/29/2026)

Jan 29, 2026

Order

#8

Jan 30, 2026

Judgment

#9

Jan 31, 2026

Advisory to the Court

#10

Feb 10, 2026

Certified Mail Receipt