Western District of Texas • 5:26-cv-02041

#1

Mar 25, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10753), filed by Eudy De Jesus Pereda Caldera. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Copy of Envelope)(nm) (Entered: 04/02/2026)

#2

Mar 25, 2026

MOTION Requesting Court Assistance with Service of Process by Eudy De Jesus Pereda Caldera. (nm) (Entered: 04/02/2026)

Mar 25, 2026

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

Mar 25, 2026

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

#3

Apr 02, 2026

Case Opening Letter to Eudy De Jesus Pereda Caldera. (nm) (Entered: 04/02/2026)

Apr 02, 2026

Remark (No Doc#)

Apr 02, 2026

To be Referred to SA Mag Judge

#4

Apr 03, 2026

ORDER FOR SERVICE--Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus no later than April 10, 2026. (W.D. Tex. Feb. 9, 2026). To the extent not provided by Petitioner, Respondents shall include relevant information and supporting documentation concerning Petitioners arrival, release (if any), and re-detention if applicable. This is to include, at a minimum, applicable dates and circumstances. This Order does not restrict Respondents from filing an abbreviated response should they deem such response appropriate considering the detention issues raised. Any such abbreviated response should identify similar cases resolved in the Western District of Texas and indicate that there are no material factual or legal differences between this case and those cases. Such an abbreviated response will preserve the legal arguments previously made by the Federal Respondents in the cases they identify. Petitioner shall have seven days from the date a response is filed to file any reply.IT IS FURTHER ORDERED that any possible or anticipated removal or transfer is IMMEDIATELY STAYED until further order from this Court. Respondents shall not transfer the abovenamed Petitioner outside of this judicial district during the pendency of this litigationand until further Order of this Court allowing removal or transfer. Of course, this stay does not preclude Respondents from taking necessary steps to effect Petitioners removal, it merely stays the physical removal or transfer of Petitioner.. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 04/06/2026)

#5

Apr 07, 2026

Certified Mail Receipt

Apr 07, 2026

Text Order MOOTING 2 Motion Requesting Court Assistance with Service of Process entered by Judge Jason K. Pulliam. The Court rendered a service order on April 3, 2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ks1)

Apr 07, 2026

Order on Motion for Miscellaneous Relief

#6

Apr 10, 2026

Response

#7

Apr 16, 2026

Certified Mail Receipt

#8

May 12, 2026

Response

#9

May 19, 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 21, 2026, Respondents shall RELEASE Petitioner Eudy De Jesus Pereda Caldera from custody to a public location, under appropriate conditions of release. 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: 05/19/2026)

#10

May 19, 2026

Judgment AND ~Util - Set/Clear Flags

May 19, 2026

Order

#11

May 22, 2026

Status Report