Western District of Texas • 5:26-cv-02618

#1

Apr 20, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 11106), filed by Alfredo Antonio Pirona. (Attachments: # 1 Cover Sheet, # 2 Receipt)(r013) (Entered: 04/23/2026)

Apr 20, 2026

MOTION for Immediate Release, MOTION for Bond Hearing, MOTION to Prohibit Transfer, MOTION to Expedite by Alfredo Antonio Pirona. (Motions are contained within Petition) (kc)

Apr 20, 2026

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

Apr 20, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Henry J. Bemporad (kc)

#2

Apr 23, 2026

Case Opening Letter mailed to Alfredo Antonio Pirona. (kc) (Entered: 04/23/2026)

Apr 23, 2026

Case Assigned/Reassigned

Apr 23, 2026

Expedite AND Hearing AND Miscellaneous Relief AND Stay

Apr 23, 2026

To be Referred to SA Mag Judge

#3

May 02, 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: 05/05/2026)

#4

May 05, 2026

Certified Mail Receipt as to Warden, Karnes County Immigration Processing Center & Stephanie Rico, Civil Process Clerk of 1 Petition for Writ of Habeas Corpus, 3 Order (bt) (Entered: 05/05/2026)

May 05, 2026

Text Order DENYING [] Motion for immediate release; DENYING [] Motion for Hearing; DENYING [] Motion to Stay; DENYING [] 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.) (md)

May 05, 2026

Order on Motion for Hearing AND Order on Motion for Miscellaneous Relief AND Order on Motion to Expedite AND Order on Motion to Stay

#5

May 11, 2026

Certified Mail Receipt delivered Stephanie Rico of 4 Certified Mail Receipt (vl) (Entered: 05/13/2026)

#6

May 13, 2026

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

#7

Jun 08, 2026

RESPONSE Federal Respondents' Response to Petition for Writ of Habeas Corpus to 1 Petition for Writ of Habeas Corpus by Field Office Director, U.S. Immigration and Customs Enforcement San Antonio, Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Kenneth) (Entered: 06/08/2026)

#8

Jun 15, 2026

REPLY to 7 Response, by Alfredo Antonio Pirona. (vl) (Entered: 06/16/2026)

#9

Jul 09, 2026

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

#10

Jul 13, 2026

ORDER VACATING re 9 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#11

Sep 02, 2026

REPLY to 7 Response, by Alfredo Antonio Pirona. (cih) (Entered: 09/03/2026)

#12

Sep 24, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS: Petitioner argues that Petitioner's detention is unlawful and asks the Court to order a bond hearing or Petitioner's 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 Petitioner's 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 Alfredo Antonio Pirona 244725313 from custody, under reasonable conditions of supervision, to a public place no later than September 27, 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 the next business day after Petitioner is released, 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: 09/24/2026)

#13

Sep 24, 2026

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

Sep 24, 2026

Order

#14

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

#15

Sep 29, 2026

Status Report