Western District of Texas • 5:26-cv-02317

#1

Apr 06, 2026

Petition for Writ of Habeas Corpus (Filing fee $5.00 receipt number 10875), filed by Pedro Jose Sarmiento Sanchez. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt, # 3 Copy of Envelope)(dtg) (Entered: 04/08/2026)

#2

Apr 06, 2026

Memorandum in Support of 1 Petition for Writ of Habeas Corpus by Pedro Jose Sarmiento Sanchez. (Attachments: # 1 Declaration Under Penalty of Perjury)(dtg) (Entered: 04/08/2026)

#3

Apr 06, 2026

EMERGENCY MOTION TO EXPEDITE CONSIDERATION AND FOR TEMPORARY RESTRAINING ORDER (TRO) by Pedro Jose Sarmiento Sanchez. (dtg) (Entered: 04/08/2026)

#4

Apr 06, 2026

MOTION TO ADD AN ADDITIONAL SERVICE ADDRESS TO PREVENT PREJUDICE DUE TO DELAYS IN DETENTION MAIL by Pedro Jose Sarmiento Sanchez. (dtg) (Entered: 04/08/2026)

Apr 06, 2026

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

Apr 06, 2026

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

#5

Apr 08, 2026

Case Opening Letter to Pedro Jose Sarmiento Sanchez. (dtg) (Entered: 04/08/2026)

Apr 08, 2026

To be Referred to SA Mag Judge

Apr 08, 2026

Remark (No Doc#)

#6

Apr 14, 2026

ORDER TO SHOW CAUSE -- IT IS ORDERED that Petitioner resubmit a completedPetition within thirty (30) days from the date of this Order. Petitioner should fill out the petition to the best of his ability. Upon consideration, the motion is DENIED. (ECF No. 4). Petitioners are afforded sufficient time to respond should a response be necessary. IT IS ORDERED that within thirty (30) days, Petitioner must resubmit his Petition and include as much information as possible. Petitioner should also sign and date it and return it to this Court. If Petitioner fails to do so, his Petition may be DISMISSED.. Signed by Judge Fred Biery. (vl) (Entered: 04/15/2026)

Apr 14, 2026

Docket Entry 6 mailed to Petitioner along with 2241 Petition. (vl)

Apr 15, 2026

Remark (No Doc#)

#7

Apr 29, 2026

AMENDED Petition for Writ of Habeas Corpus, filed by Pedro Jose Sarmiento Sanchez.(vl) (Entered: 05/04/2026)

#8

May 27, 2026

Text ORDER FOR SERVICE of 1 Petition for Writ of Habeas Corpus. It is ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in San Antonio, Texas shall constitute service on the Federal Respondents and on all Respondents unless otherwise contested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within thirty (30) days of the date of service. The response must identify: (1) Petitioners alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioners alleged date of entry and statutory basis for removability; (3) any previous immigration detention history, e.g., whether Petitioner has previously been subject to immigration detention and, if so, the approximate date of Petitioners previous release into the interior; and (4) Petitioners alleged immigration status, e.g., whether Petitioner has a pending claim for asylum, withholding of removal, or protection under the Convention Against Torture or is subject to a final removal order. It is FURTHER ORDERED that if Petitioner elects to file a reply, Petitioner may do so no later than thirty (30) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (md) (Entered: 05/27/2026)

May 27, 2026

Order

#9

Jun 15, 2026

Text Order DENYING 3 Motion for Expedited Review or Motion to Expedite entered by Judge Fred Biery. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) Signed by Judge Fred Biery. (md) (Entered: 06/15/2026)

Jun 15, 2026

Order

#10

Jun 26, 2026

RESPONSE RESPONSE TO PETITION by ICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Falcon, Barbara) (Entered: 06/26/2026)

#11

Jul 09, 2026

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

#12

Jul 13, 2026

ORDER VACATING re 11 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#13

Aug 20, 2026

MOTION to Expedite by Pedro Jose Sarmiento Sanchez. (cih) (Entered: 08/21/2026)

#14

Aug 20, 2026

SUPPLEMENT to 1 Petition for Writ of Habeas Corpus by Pedro Jose Sarmiento Sanchez. (cih) (Entered: 08/21/2026)

Sep 17, 2026

Order on Motion to Expedite

Sep 17, 2026

Text Order DENYING 13 Motion to Expedite entered by Judge Fred Biery. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (swt)

#15

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 Pedro Jose Sarmiento Sanchez 241789890 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)

#16

Sep 23, 2026

JUDGMENT. Signed by Judge Fred Biery. (cih) (Entered: 09/24/2026)

Sep 23, 2026

Order

#17

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

#18

Sep 29, 2026

STATUS REPORT by ICE. (Falcon, Barbara) (Entered: 09/29/2026)