Western District of Texas • 5:26-cv-02290

#1

Apr 06, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10893), filed by Herminia Rosiris Rosillo-Rodriguez. (Attachments: # 1 Cover Sheet, # 2 Envelope, # 3 Receipt)(r013) (Entered: 04/13/2026)

#2

Apr 06, 2026

Case Opening Letter sent to Herminia Rosiris Rosillo-Rodriguez. (bc) (Entered: 04/13/2026)

Apr 06, 2026

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

Apr 06, 2026

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

Apr 13, 2026

To be Referred to SA Mag Judge

Apr 13, 2026

Remark (No Doc#)

#3

Apr 14, 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: 04/17/2026)

#4

Apr 17, 2026

Certified Mail Receipt as to Warden, Karnes County Immigration Processing Center & Stephanie Rico, Civil Process Clerk of 3 Order, 1 Petition for Writ of Habeas Corpus (bt) (Entered: 04/17/2026)

#5

Apr 27, 2026

Certified Mail Receipt returned as delivered of 4 Certified Mail Receipt (llm) (Entered: 04/29/2026)

#6

May 11, 2026

Certified Mail Receipt delivered Warden Karnes County Immigration Center of 4 Certified Mail Receipt (vl) (Entered: 05/14/2026)

#7

May 22, 2026

RESPONSE TO PETITION by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fischer, Deborah) (Entered: 05/22/2026)

#8

Jul 09, 2026

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

#9

Jul 13, 2026

ORDER VACATING re 8 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#10

Jul 22, 2026

MOTION for Leave to File Response and Notice of Change of Address by Herminia Rosiris Rosillo-Rodriguez. (vl) (Entered: 07/23/2026)

Jul 29, 2026

Order on Motion for Leave to File

Jul 29, 2026

Text Order GRANTING 10 Motion for Leave to File Document Out of Time in the interest of justice entered by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

#13

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 Herminia Rosiris Rosillo-Rodriguez 241384929 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)

#14

Sep 23, 2026

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

Sep 23, 2026

Order

Sep 25, 2026

Order

#16

Sep 29, 2026

Status Report