Western District of Texas • 5:26-cv-01909

#1

Mar 13, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10616), filed by Javier Antonio Rosales Lozoya. (Attachments: # 1 Cover Sheet, # 2 Envelope, # 3 Receipt)(r013) (Entered: 03/26/2026)

#2

Mar 13, 2026

MOTION Requesting Court Assistance with Service of Process by Javier Antonio Rosales Lozoya. (kc) (Entered: 03/26/2026)

Mar 13, 2026

Case has been randomly assigned to Honorable Judge Jason K. Pulliam. (kc)

Mar 13, 2026

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

#3

Mar 26, 2026

Case Opening Letter mailed to Javier Antonio Rosales Lozoya. (kc) (Entered: 03/26/2026)

Mar 26, 2026

Case Assigned/Reassigned

Mar 26, 2026

To be Referred to SA Mag Judge

#4

Mar 27, 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: 03/27/2026)

#5

Mar 27, 2026

ORDER FOR SERVICE--The Court hereby DIRECTS the Clerk of Court to furnish a copy of the Petition 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 Monday, April 6, 2026. 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. (vl) (Entered: 03/28/2026)

#6

Mar 30, 2026

Certified Mail Receipt of 5 Order, 1 Petition for Writ of Habeas Corpus (vl) (Entered: 03/30/2026)

Mar 30, 2026

Text Order MOOTING 2 Petitioner's Motion Requesting Court Assistance with Service of Process entered by Judge Jason K. Pulliam. The Court rendered a service order on March 27, 2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ks1)

Mar 30, 2026

Order on Motion for Miscellaneous Relief

#7

Apr 06, 2026

Response

#8

Apr 07, 2026

Certified Mail Receipt

#9

May 28, 2026

Compel AND Expedite

#10

May 29, 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, ___ F. Supp. 3d ___, ___, No 5:26-CV-0728-JKP, 2026 WL 809441 (W.D. Tex. Feb. 26, 2026) and numerous other cases decided by the undersigned. While there are differences between this case and Longoria Mendoza, none warrant a different result. 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 May 31, 2026, Respondents shall RELEASE Petitioner Javier Antonio Rosales Lozoya from custody to a public location, under appropriate conditions of release. If at the time of detention on December 4, 2025, 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: 05/29/2026)

#11

May 29, 2026

Judgment AND ~Util - Set/Clear Flags

May 29, 2026

Order

May 29, 2026

Order on Motion to Compel AND Order on Motion to Expedite

May 29, 2026

Text Order MOOTING 9 Motion to Compel; MOOTING 9 Motion to Expedite entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

#12

Jun 01, 2026

Status Report

#13

Jun 02, 2026

Pro Hac Vice Letter