Western District of Texas • 5:26-cv-02246

#1

Mar 24, 2026

Petition for Writ of Habeas Corpus, (Filing Fee $5 IFP PENDING) filed by Shina Zhang. (Attachments: # 1 Cover Sheet, # 2 Envelope)(r013) (Entered: 04/07/2026)

#2

Mar 24, 2026

Application to Proceed in forma pauperis by Shina Zhang. (kc) (Entered: 04/07/2026)

#3

Mar 24, 2026

MOTION For Immediate Release by Shina Zhang. (kc) (Entered: 04/07/2026)

Mar 24, 2026

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

Mar 24, 2026

Case has been randomly assigned to the docket of Honorable Judge Fred Biery. (kc)

#4

Apr 07, 2026

Case Opening Letter mailed to Shina Zhang. (kc) (Entered: 04/07/2026)

Apr 07, 2026

To be Referred to SA Mag Judge

Apr 07, 2026

Case Assigned/Reassigned

#6

Apr 10, 2026

SUPPLEMENT to 1 Petition for Writ of Habeas Corpus by Shina Zhang. (Attachments: # 1 Copy of Show Cause Order)(vl) (Entered: 04/17/2026)

#5

Apr 14, 2026

SHOW CAUSE AND DEFICIENCY ORDER--IT IS THEREFORE ORDERED that within thirty (30) days from the date of this Order, Shina Zhang must show cause why this case should not be dismissed by filing a signed and dated statement that she is adopting and ratifying the Petition and all other previously filed pleadings. Should Shina Zhang adopt the Petition, future filings should be filed and signed by Shina Zhang pro se. In this event, all court correspondence shall be mailed solely to her at her last known address. If Shina Zhang fails to comply with this Order, the Petition may be dismissed without prejudice by this Court without further notice for want or prosecution and failure to comply with this Courts Order. See FED. R. CIV. P. 41(b). IT IS THEREFORE ORDERED that within thirty (30) days from the date of this Order, Petitioner must also submit to this Court either the required filing fee of $5.00 or a current institutional trust fund account statement showing deposits and balances to her institutional account for the previous six months.. Signed by Judge Fred Biery. (vl) (Entered: 04/14/2026)

#7

Apr 14, 2026

Filing fee received in the amount of $5.00, receipt number 10970 (vl) (Entered: 04/17/2026)

#8

Apr 28, 2026

ORDER-- IT IS THEREFORE ORDERED that within thirty (30) days from the date of this Order, Petitioner must submit to this Court a signed and dated Section 2241 Petition. The Clerk is directed to send Petitioner a copy of her unsigned Petition. Petition Zhang should sign and date it and return it to this Court within thirty days. Petitioner is advised that failure to comply with this Courts Order may result in the dismissal of this case for want of prosecution.. Signed by Judge Fred Biery. (vl) (Entered: 04/28/2026)

Apr 28, 2026

Remark (No Doc#)

Apr 28, 2026

Text Order MOOTING 2 Motion for Leave to Proceed in forma pauperis entered by Judge Fred Biery. Filing fee has been paid. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

Apr 28, 2026

Mailed Docket Entry 8 Order and 1 Petition to Petitioner. (vl)

Apr 28, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#9

May 04, 2026

ADVISORY TO THE COURT by Shina Zhang. (vl) (Entered: 05/05/2026)

#10

May 05, 2026

ADVISORY TO THE COURT by Shina Zhang. (vl) (Entered: 05/08/2026)

May 05, 2026

Text Order DENYING 3 Motion for Immediate Release or, in the Alternative, a Bond Hearing 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.) (md)

May 05, 2026

Order on Motion for Miscellaneous Relief

#11

May 19, 2026

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) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's 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 Petitioner's previous release into the interior; and (4) Petitioner's 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: 05/19/2026)

May 19, 2026

Order

#12

Jun 18, 2026

RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Secretary, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement and Removal Operations (ERO) San Antonio Field Office. (Attachments: # 1 Exhibit)(Krimbill, Gerald) (Entered: 06/18/2026)

#13

Jul 09, 2026

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

#14

Jul 13, 2026

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

#15

Jul 16, 2026

MOTION to Accept Reply and Excuse Delay Caused by Returned Mail by Shina Zhang. (bt) (Entered: 07/20/2026)

#16

Jul 16, 2026

NOTICE of Change of Address and Reply to Response 12 by Shina Zhang (bt) (Entered: 07/20/2026)

#17

Jul 17, 2026

***POSSIBLE DUPLICATE to DE 15 *** MOTION to Accept Reply and Excuse Delay Caused by Returned Mail by Shina Zhang. (bt) (Entered: 07/21/2026)

#18

Jul 17, 2026

***POSSIBLE DUPLICATE to DE 16 ***NOTICE of Change of Address by Shina Zhang (bt). (Entered: 07/21/2026)

#19

Jul 29, 2026

ORDER GRANTING 15 MOTION to Accept Reply and Excuse Delay in the interest of justice and DISMISSING AS MOOT 17 DUPLICATE MOTION. Signed by Judge Fred Biery. (md) (Entered: 07/29/2026)

Jul 29, 2026

Order

#22

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 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 Shina Zhang 245672079 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)

Sep 23, 2026

Order

#23

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

#24

Sep 29, 2026

STATUS REPORT by Secretary, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement and Removal Operations (ERO) San Antonio Field Office. (Attachments: # 1 Exhibit A)(Payen, Florince) (Entered: 09/29/2026)