Western District of Texas • 5:26-cv-01655

#1

Mar 05, 2026

Petition for Writ of Habeas Corpus, filed by Gregory Alexander Alfonzo Ibarra. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope).(tt) (Additional attachment(s) added on 5/27/2026: # 3 Receipt#10424) (EMT). (Entered: 03/13/2026)

Mar 05, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO FRED BIERY. (tt)

Mar 05, 2026

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

Mar 13, 2026

Remark (No Doc#)

Mar 13, 2026

To be Referred to SA Mag Judge

#2

Mar 16, 2026

ORDER DIRECTING SERVICE and ANSWER/RESPONSE-- IT IS ORDERED that the U.S. District Clerk: (1) furnish the Office of the U.S. Attorney in San Antonio, Texas, with copies of the Petition (ECF No. 1) and this Order. IT IS ORDERED that Respondents file an answer or response to the Petition within thirty (30) days from the date of service.. Signed by Judge Fred Biery. (vl) (Entered: 03/16/2026)

#3

Mar 16, 2026

Certified Mail Receipt of 2 Order, 1 Petition for Writ of Habeas Corpus (vl) (Entered: 03/16/2026)

#4

Mar 23, 2026

Certified Mail Receipt delivered Stephanie Rico of 3 Certified Mail Receipt (vl) (Entered: 03/25/2026)

#5

Apr 01, 2026

Certified Mail Receipt of 3 Certified Mailing to South Texas ICE Processing Center (slt) (Entered: 04/02/2026)

#6

Apr 20, 2026

RESPONSE RESPONSE TO PETITION by Secretary, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), San Antonio Field Office. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wright, Samuel) (Entered: 04/20/2026)

#7

May 11, 2026

REPLY to 6 Response, by Gregory Alexander Alfonzo Ibarra. (vl) (Entered: 05/13/2026)

#10

Jul 09, 2026

ORDER FOR OMNIBUS ADVISORY. Signed by Judge Fred Biery. (r013) (Entered: 07/09/2026)

#11

Jul 13, 2026

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

#12

Aug 24, 2026

NOTICE TO THE COURT REGARDING PENDING BIA APPEAL AND MINOR CHILD'S CIRCUMSTANCES AND RESPECTFUL REQUEST FOR CONSIDERATION by Gregory Alexander Alfonzo Ibarra (bt) (Entered: 08/27/2026)

#13

Sep 23, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS: Petitioner argues that Petitioners detention is unlawful and asks the Court to order Petitioners release. Respondents have submitted a response in opposition to which Petitioner has replied. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition based on the law as set out and analyzed in Aguilar-Ramirez v. Mullin, Civil Case No. SA:26-CV-2102-FB (ECF No. 9) (W.D. Tex. Apr. 29, 2026) and numerous other cases decided by the undersigned. While there are differences between this case and Aguilar-Ramirez, 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, 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 while rehearing is pending, the Court disagrees. 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 Barreno Hernandez v. Warden DC Cole, Civil Action No. 5:26-CV-01279, ECF No. 9 at page 5 & n.2 (S.D. Tex. Jul. 24, 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 Aguilar-Ramirez, 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 right to due process under the Fifth Amendment; and (4) the appropriate remedy is release. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM (C.D. Cal. Dec. 18, 2025), or other challenges presented. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 1) is GRANTED such that: Respondents are ORDERED to RELEASE Petitioner Gregory Alexander Alfonzo Ibarra 241825165 from custody, under reasonable conditions of supervision, to a public place no later than September 26, 2026. The imposed reasonable conditions of supervision shall be no more restrictive than those in place before the detention at issue. Respondents shall FILE a status report no later than September 27, 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 Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (swt) (Entered: 09/23/2026)

#14

Sep 23, 2026

JUDGMENT in favor of Gregory Alexander Alfonzo Ibarra-- IT IS ORDERED, ADJUDGED and DECREED that the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 1) is GRANTED such that Respondents are ORDERED to release Petitioner Gregory Alexander Alfonzo Ibarra from their custody according to the terms and conditions set forth in the Courts Order. In all other respects, the Petition is DENIED. IT IS FINALLY ORDERED, ADJUDGED and DECREED that motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. Signed by Judge Fred Biery. (bt) (Entered: 09/24/2026)

Sep 23, 2026

Order

#15

Sep 25, 2026

TEXT ORDER EXTENDING Respondents deadline to FILE a status report confirming that Petitioner has been released to September 29, 2026. Signed by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (swt) (Entered: 09/25/2026)

Sep 25, 2026

Order

#16

Sep 28, 2026

ADVISORY TO THE COURT by Secretary, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), San Antonio Field Office . (Attachments: # 1 Exhibit A)(Russo, Kyle) (Entered: 09/28/2026)