Western District of Texas • 5:26-cv-02179

#1

Apr 01, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10844), filed by Brayan Atilio Argueta. (Attachments: # 1 Cover Sheet, # 2 Envelope, # 3 Receipt)(r013) (Entered: 04/03/2026)

#2

Apr 01, 2026

PRO SE MOTION to Enforce 28 U.S.C. 2243 and Request for Immediate Order to Show Cause by Brayan Atilio Argueta. (bc) (Entered: 04/03/2026)

#3

Apr 01, 2026

PRO SE MOTION to Preserve Jurisdiction Pursuant to the All Writs Act (28 U.S.C. & 1651(a)) by Brayan Atilio Argueta. (bc) (Entered: 04/03/2026)

#4

Apr 01, 2026

Case Opening Letter sent to Brayan Atilio Argueta. (bc) (Entered: 04/03/2026)

Apr 01, 2026

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

Apr 01, 2026

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

Apr 03, 2026

Remark (No Doc#)

Apr 03, 2026

To be Referred to SA Mag Judge

#5

Apr 08, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief

#6

Apr 08, 2026

Order

#7

Apr 08, 2026

Certified Mail Receipt

#8

Apr 14, 2026

Response

#9

Apr 17, 2026

Certified Mail Receipt

#10

Apr 30, 2026

REPLY to 8 Response by Brayan Atilio Argueta. (vl) (Entered: 05/05/2026)

#11

Jun 09, 2026

NOTICE of Attorney Appearance by Sara Taraneh Ghadiri on behalf of Brayan Atilio Argueta. Attorney Sara Taraneh Ghadiri added to party Brayan Atilio Argueta(pty:pet) (Ghadiri, Sara) (Entered: 06/09/2026)

#12

Jun 16, 2026

Amended Complaint

#13

Jun 23, 2026

Response

#14

Jun 29, 2026

Leave to File Document

#15

Jul 09, 2026

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

#16

Jul 13, 2026

Order

#17

Oct 13, 2026

MOTION for Hearing re 14 MOTION for Leave to File First Amended Verified Petition for Writ of Habeas Corpus by Brayan Atilio Argueta. (Ghadiri, Sara) (Entered: 10/13/2026)

#18

Oct 14, 2026

Text Order GRANTING as uncontested 14 Petitioner's Motion for Leave to File First Amended Petition for Writ of Habeas Corpus. The time for response has passed without opposition. For good cause shown and in the interests of justice, the Court grants the motion. The Clerk of Court shall file the First Amended Verified Petition for Writ of Habeas Corpus that is attached to the motion. Entered 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: 10/14/2026)

#19

Oct 14, 2026

Text Order MOOTING 17 Motion for Hearing. In light of Text Order Granting Motion for leave, the Court finds the motion for hearing moot. Entered 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: 10/14/2026)

#20

Oct 14, 2026

Amended Petition for Writ of Habeas Corpus, filed by Brayan Atilio Argueta.(vl) (Entered: 10/14/2026)

#21

Oct 14, 2026

TEXT ORDER GRANTING 20 AMENDED PETITION FOR WRIT OF HABEAS CORPUS. After counsel entered an appearance on behalf of Petitioner, the Court granted Petitioner leave to file amended petition. 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 submitted a response in opposition to the original petition and likewise construes asserted claims as based on due process at least in part. The Court sees no reason to further delay its ruling and will consider this response as though asserted against the amended petition. 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, 183 F.4th 387, 388 (5th Cir. 2026) (per curiam). To the extent the Government might contend 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, No. 4:26-CV-05679, 2026 WL 2195373, at *3 (S.D. Tex. July 27, 2026) 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, had been complying with the terms of his prior release, and there is no indication of flight risk or danger to the community, it is ORDERED that on or before October 16, 2026, Respondents shall RELEASE Petitioner Brayan Atilio Argueta from custody to a public location, under conditions no more restrictive than those in place before the detention at issue. Respondents must NOTIFY Petitioner's counsel 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. 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: 10/14/2026)

#22

Oct 14, 2026

FINAL JUDGMENT. Signed by Judge Jason K. Pulliam. (vl) (Entered: 10/14/2026)

Oct 14, 2026

Order on Motion for Hearing

Oct 14, 2026

Order on Motion for Leave to File

Oct 14, 2026

Order