Western District of Texas • 5:26-cv-02176

#1

Apr 01, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10841), filed by Henry Misael Carranza Romero. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Envelope)(kc) (Entered: 04/06/2026)

#2

Apr 01, 2026

MOTION to Maintain Access to Asylum Proceedings by Henry Misael Carranza Romero. (kc) (Entered: 04/06/2026)

Apr 01, 2026

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

Apr 01, 2026

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

#3

Apr 06, 2026

Case Opening Letter mailed to Henry Misael Carranza Romero. (kc) (Entered: 04/06/2026)

Apr 06, 2026

To be Referred to SA Mag Judge

Apr 06, 2026

Case Assigned/Reassigned

#4

Apr 29, 2026

ORDER DIRECTING SERVICE and 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: 04/30/2026)

#5

Apr 30, 2026

Certified Mail Receipt as to Warden, Karnes County Immigration Processing Center & Stephanie Rico, Civil Process Clerk of 4 Order, 1 Petition for Writ of Habeas Corpus (bt) (Entered: 04/30/2026)

#6

May 06, 2026

Certified Mail Receipt returned delivered to Stephanie Rico of 4 Order, 1 Petition for Writ of Habeas Corpus (jb3) (Entered: 05/07/2026)

#7

May 06, 2026

Certified Mail Receipt returned delivered to Warden, Karnes County Immigration Processing Center of 4 Order, 1 Petition for Writ of Habeas Corpus (jb3) (Entered: 05/07/2026)

#8

Jun 03, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Simmons, Sequetha) (Entered: 06/03/2026)

#9

Jun 09, 2026

NOTICE of Pending Appeal Before the Board of Immigration Appeals by Henry Misael Carranza Romero (vl) (Entered: 06/11/2026)

#10

Jun 15, 2026

REPLY to 8 Response by Henry Misael Carranza Romero. (vl) (Entered: 06/16/2026)

#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 06, 2026

ADVISORY TO THE COURT by Henry Misael Carranza Romero. (bt) (Entered: 08/12/2026)

#14

Aug 22, 2026

SUPPLEMENTAL MOTION to Submit Material Evidence in Support of Habeas Corpus re 1 Petition for Writ of Habeas Corpus by Henry Misael Carranza Romero. (bt) (Entered: 08/24/2026)

Sep 14, 2026

Order on Motion for Miscellaneous Relief

Sep 14, 2026

Text Order DENYING STAY AND/OR ORDER NOT TO TRANSFER 2 . Petitioner has requested that the Court issue an order prohibiting his transfer to another detention facility or outside the Western District of Texas. The Court in this case should deny this request. The Fifth Circuit recently stated in an unpublished decision that district courts lack jurisdiction to grant relief ancillary to removal orders, including stays of removal. Imran v. Harper, No. 25-30370, 2026 WL 93131 (5th Cir. 2026).

#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 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 Henry Misael Carranza Romero 246442489 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 in favor of Henry Misael Carranza Romero-- IT IS ORDERED, ADJUDGED and DECREED 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 Henry Misael Carranza Romero from their custody according to the terms and conditions set forth in the Courts Order. In all other respects, the Petition is DENIED. IT IS FINALLY ORDERED, ADJUDGED and DECREED that motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. Signed by Judge Fred Biery. (bt) (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 28, 2026

STATUS REPORT by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Simmons, Sequetha) (Entered: 09/28/2026)