Western District of Texas • 5:26-cv-02802

#1

Apr 27, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 11200), filed by Jorge Alberto Lopez Gomez. (Attachments: # 1 Cover Sheet, # 2 Receipt)(r013) (Entered: 04/29/2026)

#2

Apr 27, 2026

PRO SE MOTION for Declaratory Relief by Jorge Alberto Lopez Gomez. (bc) (Entered: 04/29/2026)

#3

Apr 27, 2026

PRO SE MOTION for Order to Show Cause by Jorge Alberto Lopez Gomez. (bc) (Entered: 04/29/2026)

#4

Apr 27, 2026

Case Opening Letter mailed to Jorge Alberto Lopez Gomez. (bc) (Entered: 04/29/2026)

Apr 27, 2026

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

Apr 27, 2026

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

Apr 29, 2026

Remark (No Doc#)

Apr 29, 2026

To be Referred to SA Mag Judge

May 05, 2026

Text Order DENYING 3 Motion for Show Cause Order. 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

May 05, 2026

Order on Motion to Show Cause

May 05, 2026

Text Order DENYING 2 Motion for Declaratory Relief Order 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)

#5

May 27, 2026

Text 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) Petitioners alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioners 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 Petitioners previous release into the interior; and (4) Petitioners 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: 05/27/2026)

May 27, 2026

Order

#6

Jun 26, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas. (Anderson, Edmond) (Entered: 06/26/2026)

#7

Jul 06, 2026

PETITIONER'S REPLY TO RESPONDENTS' RETURN AND MEMORANDUM IN FURTHER SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 to 6 Response by Jorge Alberto Lopez Gomez. (mgr) (Entered: 07/08/2026)

#10

Jul 06, 2026

SUPPLEMENTAL MEMORANDUM to 8 Supplement, 1 Petition for Writ of Habeas Corpus by Jorge Alberto Lopez Gomez. (mgr) (Main Document 10 replaced on 7/13/2026) (mgr). (Entered: 07/13/2026)

#8

Jul 07, 2026

SUPPLEMENT to 1 Petition for Writ of Habeas Corpus by Jorge Alberto Lopez Gomez. (mgr) (Main Document 8 replaced on 7/13/2026) (mgr). (Main Document 8 replaced on 7/13/2026) (mgr). (Entered: 07/08/2026)

#9

Jul 09, 2026

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

#11

Jul 13, 2026

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

#12

Jul 31, 2026

NOTICE of Supplemental Authority by Jorge Alberto Lopez Gomez (mgr) (Entered: 08/04/2026)

#13

Sep 04, 2026

Declaration of Marlin Victoria Turuy Pineda De Lopez in Support of Petitioner and Request for Prompt Resolution by Jorge Alberto Lopez Gomez (mgr) (Entered: 09/09/2026)

#14

Sep 04, 2026

Declaration of Marlin Victoria Turuy Pineda De Lopez in Support of Petitioner and Request for Prompt Resolution by Jorge Alberto Lopez Gomez (mgr) (Entered: 09/09/2026)

#15

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 Jorge Alberto Lopez Gomez 221376456 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)

#16

Sep 24, 2026

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

Sep 24, 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 Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas. (Attachments: # 1 Exhibit A)(Anderson, Edmond) (Entered: 09/28/2026)