Western District of Texas • 5:26-cv-00766

#1

Jan 28, 2026

NOTICE of Appearance by Karen Venice Bryan on behalf of Kevin Joel Franco Quinga. (Bryan, Karen) [Transferred from Minnesota on 2/5/2026.] (Entered: 01/28/2026)

#2

Jan 28, 2026

PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12594762) filed by Kevin Joel Franco Quinga. Filer requests summons issued. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet) (Bryan, Karen) [Transferred from Minnesota on 2/5/2026.] (Entered: 01/28/2026)

#3

Jan 28, 2026

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per 3rd/4th - Prisoner: Alien Detainee Habeas list, referred to Magistrate Judge Shannon G. Elkins. Please use case number 26-cv-790 KMM/SGE.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMG) [Transferred from Minnesota on 2/5/2026.] (Entered: 01/28/2026)

#4

Jan 28, 2026

ORDER TO SHOW CAUSE. Respondent's Show Cause Response due by 1/31/2026. Petitioner's Reply due by 2/2/2026. See Order for details. Signed by Judge Katherine M. Menendez on 1/28/2026. (LC1) [Transferred from Minnesota on 2/5/2026.] (Entered: 01/28/2026)

#5

Jan 30, 2026

NOTICE of Appearance by Julie T Le on behalf of Mary De Anda-Ybarra, David Easterwood, Todd M. Lyons, Kristi Noem. (Le, Julie) [Transferred from Minnesota on 2/5/2026.] (Entered: 01/30/2026)

#6

Jan 31, 2026

RESPONSE by Mary De Anda-Ybarra, David Easterwood, Todd M. Lyons, Kristi Noem re 1 Notice of Appearance . (Le, Julie) [Transferred from Minnesota on 2/5/2026.] (Entered: 01/31/2026)

#7

Feb 02, 2026

REPLY re 4 Order to Show Cause filed by Kevin Joel Franco Quinga.(Bryan, Karen) [Transferred from Minnesota on 2/5/2026.] (Entered: 02/02/2026)

#8

Feb 04, 2026

ORDER Directing Clerk to transfer case to the Western District of Texas. Signed by Judge Katherine M. Menendez on 2/4/2026.(LC3) [Transferred from Minnesota on 2/5/2026.] (Entered: 02/04/2026)

#9

Feb 05, 2026

Case electronically transferred in from District of Minnesota; Case Number 0:26-cv-00790. (Entered: 02/05/2026)

Feb 05, 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)

Feb 05, 2026

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

#10

Feb 06, 2026

TEXT ORDER GRANTING 2 Petition for Writ of Habeas Corpus. Respondents have submitted a full 6 Response and Petitioner has filed a 7 reply. The fully ripe Petition was transferred to this Court because Petitioner is detained within the territorial confines of this Court. Respondents acknowledge prior rulings concerning similar challenges to the government policy or practice at issue in this case and recognize that this case is neither factually nor legally different from those cases. They urge the Court to follow a different path than it has taken so far in this legal area. The Court declines to do so. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition for the same reasons stated in prior cases. See, e.g., Orellana v. U.S. Dep't of Homeland Sec., No. 5:25-CV-1028-JKP, 2025 WL 3471569 (W.D. Tex. Nov. 24, 2025); Gonzalez v. Ortega, No. 5:25-CV-1156-JKP, 2025 WL 3471571 (W.D. Tex. Nov. 24, 2025); Trujillo v. Noem, No. 5:25-CV-1266-JKP, 2025 WL 3471572 (W.D. Tex. Nov. 24, 2025); Granados v. Noem, No. SA-25-CA-01464-XR, 2025 WL 3296314 (W.D. Tex. Nov. 26, 2025). 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 those 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 February 8, 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 9, 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: 02/06/2026)

Feb 06, 2026

To be Referred to SA Mag Judge

Feb 06, 2026

Case Assigned/Reassigned

Feb 06, 2026

Order

#11

Feb 09, 2026

Order

#12

Feb 09, 2026

Judgment

#13

Feb 09, 2026

Status Report