Western District of Texas • 5:26-cv-00912

#1

Feb 11, 2026

Petition for Writ of Habeas Corpus (Filing fee $5.00 receipt number 9841), filed by Elizabeth Garcia Fernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(dtg) (Entered: 02/22/2026)

Feb 11, 2026

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

Feb 11, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE JASON K. PULLIAM. (dtg)

Feb 22, 2026

To be Referred to SA Mag Judge

Feb 22, 2026

Remark (No Doc#)

#2

Feb 24, 2026

ORDER TO SHOW CAUSE -- IT IS THEREFORE ORDERED that within thirty (30) days of the date of this Order, Petitioner Elizabeth Garcia Fernandez must show cause why this case should not be dismissed by filing a response to the Show Cause Order establishing that she may be legally represented by Andres Garcia. If Petitioner Elizabeth Garcia Fernandez fails to comply with this Order, the Petition may be dismissed without prejudice by this Court without further notice for want or prosecution and failure to comply with this Courts Order. See FED. R. CIV. P. 41(b). as to Elizabeth Garcia Fernandez.. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 02/25/2026)

Feb 25, 2026

Mailed Show Cause Order 2 to Petitioner Elizabeth Garcia Fernandez (mgr)

Feb 25, 2026

Remark (No Doc#)

#3

Mar 13, 2026

MOTION for Release and Response to Show Cause Order 2 by Elizabeth Garcia Fernandez. (mgr) Modified on 3/18/2026, to edit text (mgr). (Entered: 03/17/2026)

#4

Mar 18, 2026

ORDER FOR SERVICE-- Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus no later than Wednesday, March 25, 2026. This Order does not restrict Respondents from filing an abbreviated response should they deem such response appropriate considering the detention issues raised. Any such abbreviated response should identify similar cases resolved in the Western District of Texas and indicate that there are no material factual or legal differences between this case and those cases. Such an abbreviated response will preserve the legal arguments previously made by the Federal Respondents in the cases they identify. Petitioner shall have seven days from the date a response is filed to file any reply.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 abovenamed Petitioner outside of this judicial district during the pendency of this litigationand until further Order of this Court allowing removal or transfer. Of course, this stay does not preclude Respondents from taking necessary steps to effect Petitioners removal, it merely stays the physical removal or transfer of Petitioner. Signed by Judge Jason K. Pulliam. (mgr) (Main Document 4 replaced on 3/18/2026) (mgr). (Entered: 03/18/2026)

#5

Mar 18, 2026

Certified Mail Receipt of 4 Order, 1 Petition for Writ of Habeas Corpus (mgr) (Entered: 03/18/2026)

#6

Mar 18, 2026

ORDER DENYING 3 Motion for Release Signed by Judge Jason K. Pulliam. (mgr) (Entered: 03/18/2026)

#7

Mar 25, 2026

RESPONSE TO PETITION by ICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Playton, Christina) (Entered: 03/25/2026)

#8

Mar 25, 2026

Certified Mail Receipt of 5 Certified Mailing to Stephanie Rico, Civil Process Clerk, U.S. Attorney's Office. (slt) (Entered: 03/26/2026)

#9

Jul 01, 2026

MOTION FOR RELEASE PENDING HABEAS REVIEW by Elizabeth Garcia Fernandez. (mgr) (Entered: 07/07/2026)

Jul 08, 2026

Order on Motion for Miscellaneous Relief

Jul 08, 2026

Text Order DENYING 9 Motion for Immediate Release. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. Signed by Judge Jason K. Pulliam (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

#10

Jul 09, 2026

ORDER FOR OMNIBUS ADVISORY. Signed by Judge Jason K. Pulliam. (r013) (Entered: 07/09/2026)

#11

Jul 13, 2026

ORDER VACATING re 10 Order for Omnibus Advisory. Signed by Judge Jason K. Pulliam. (r013) (Entered: 07/13/2026)

#12

Aug 18, 2026

PETITIONER'S SUPPLEMENTAL MOTION TO UPDATE HABEAS CORPUS PROCEEDINGS ANDREQUEST FOR RELEASE OR INDIVIDIJALIZED CUSTODY REVIEW by Elizabeth Garcia Fernandez. (mgr) (Entered: 08/20/2026)

#13

Aug 21, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS. Petitioner claims that Respondents have violated procedural due process rights under the Fifth Amendment based on a significant presence in the United States and/or an improper revocation of release. Respondents have submitted a response in opposition. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition based on the law as set out and analyzed in Longoria Mendoza v. Noem, 823 F. Supp. 3d 636 (W.D. Tex. 2026) and numerous other cases decided by the undersigned. While there are differences between this case and Longoria Mendoza, none warrant a different result. The Court notes the en banc Fifth Circuit has stayed the district-court judgments pending rehearing in Sosnava Rodriguez v. Ortega, _ F.4th _, No. 26-50183, 2026 WL 2104747, at *1 (5th Cir. July 21, 2026) (per curiam). To the extent the Government contends that this stay prevents district courts from granting habeas relief on procedural-due-process grounds while rehearing is pending, this Court does not read the order so broadly. The Court is unaware of any Fifth Circuit decision or order holding that the stay categorically bars adjudication of, or relief on, such claims. Other courts have continued to consider due-process claims under pre-panel-decision analyses, including Perozo-Mata v. Blanche, _F. Supp. 3d _, No. 4:26-CV-05679, 2026 WL 2195373, at *3 (S.D. Tex. July 27, 2026). Absent further Fifth Circuit guidance, the stay in Sosnava Rodriguez does not preclude habeas relief on Petitioners due-process claim. For reasons previously stated in Longoria Mendoza, the Court finds that (1) it has jurisdiction to consider the arguments presented in the instant habeas petition; (2) any asserted failure to exhaust administrative remedies is excused; (3) Respondents have violated Petitioner's procedural due process rights; and (4) fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider any claim other than the alleged violation of procedural due process. The Court has considered the arguments Respondents make in response and rejects them for reasons stated in prior cases. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. Because Petitioner has no known criminal history, has established a significant presence in the United States that requires due process protection, and there is no indication of flight risk or danger to the community, it is ORDERED that on or before August 23, 2026, Respondents shall RELEASE Petitioner Elizabeth Garcia Fernandez from custody to a public location, under appropriate conditions of release. If at the time of detention, Petitioner was complying with terms of release imposed through an unexpired parole or other active release, the imposed appropriate conditions of release shall be no more restrictive than those in place before the detention at issue. Respondents must NOTIFY Petitioner's counsel, if any, of the exact location and exact time of release as soon as practicable and no less than two hours before release. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether 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.) (lc) (Entered: 08/21/2026)

#14

Aug 21, 2026

FINAL JUDGMENT-- 1. On or before August 23, 2026, Respondents shall RELEASE Petitioner Elizabeth Garcia Fernandez from custody to a public location under appropriate conditions of release. 2. Respondents must NOTIFY Petitioners counsel, if any, of the exact location and exact time of release as soon as practicable and no less than two hours before release. 3. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. 4. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether Petitioner has been released. The Clerk of Court is DIRECTED to close this case.. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 08/21/2026)

Aug 21, 2026

Order

#15

Aug 24, 2026

STATUS REPORT by ICE. (Attachments: # 1 Exhibit A)(Diaz, Rafael) (Entered: 08/24/2026)