Western District of Texas • 5:26-cv-02144
Amaro v. Warden, South Texas ICE Processing Center
Completed
Case Information
Filed: March 30, 2026
Assigned to:
Samuel Frederick Biery Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 23, 2026
Last Activity:
September 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 30, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10825), filed by Pablo Antonio Amaro. (Attachments: # 1 Cover Sheet, # 2 Envelope, # 3 Receipt)(r013) (Entered: 04/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 30, 2026
Case Opening Letter sent to Pablo Antonio Amaro. (bc) (Entered: 04/02/2026)
Main Document:
Case Opening Letter
Mar 30, 2026
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY (bc)
Mar 30, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (bc)
Apr 02, 2026
Remark (No Doc#)
Apr 02, 2026
To be Referred to SA Mag Judge
#3
Apr 11, 2026
ORDER DIRECTING SERVICEand ANSWER/RESPONSE--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. (bt) (Entered: 04/13/2026)
#4
Apr 13, 2026
Certified Mail Receipt as to Stephanie Rico, Civil Process Clerk & Renaldo Castro, Warden, South Texas ICE Processing Center of 3 Order, 1 Petition for Writ of Habeas Corpus (bt) (Entered: 04/13/2026)
Main Document:
Certified Mail Receipt
#5
Apr 20, 2026
Certified Mail Receipt returned delivered of 4 Certified Mail Receipt (llm) (Entered: 04/22/2026)
Main Document:
Certified Mail Receipt
#6
Apr 20, 2026
Certified Mail Receipt returned delivered of 4 Certified Mail Receipt (llm) (Entered: 04/22/2026)
Main Document:
Certified Mail Receipt
#7
May 18, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Acting Director, U.S. Immigration and Customs Enforcement, Pamela Bondi, Director of theExecutive Office for Immigration Review, Kirsti Noem, U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement and Removal Operations (ERO) San Antonio Field Office. (Attachments: # 1 Exhibit A)(Diaz, Rafael) (Entered: 05/18/2026)
Main Document:
Response
#8
Jul 09, 2026
ORDER FOR OMNIBUS ADVISORY. Signed by Judge Fred Biery. (r013) (Entered: 07/09/2026)
Main Document:
Order
#9
Jul 13, 2026
ORDER VACATING re 8 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)
#10
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 a bond hearing or Petitioners 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 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 Pablo Antonio Amaro 244696883 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)
#11
Sep 23, 2026
JUDGMENT. Signed by Judge Fred Biery. (rqr) (Entered: 09/24/2026)
Main Document:
Judgment
Sep 23, 2026
Order
#12
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
#13
Sep 28, 2026
STATUS REPORT by Acting Director, U.S. Immigration and Customs Enforcement, Pamela Bondi, Director of theExecutive Office for Immigration Review, Kirsti Noem, U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement and Removal Operations (ERO) San Antonio Field Office. (Attachments: # 1 Exhibit A)(Diaz, Rafael) (Entered: 09/28/2026)
Main Document:
Status Report
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