Western District of Texas • 5:26-cv-02375

#1

Apr 09, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 10940), filed by Jose Ariel Hernandez. (Attachments: # 1 Cover Sheet, # 2 Envelope, # 3 Receipt)(r013) (Entered: 04/14/2026)

Apr 09, 2026

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

Apr 09, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Kelly G. Stephenson (kc)

#2

Apr 14, 2026

Case Opening Letter mailed to Jose Ariel Hernandez. (kc) (Entered: 04/14/2026)

Apr 14, 2026

Case Assigned/Reassigned

Apr 14, 2026

To be Referred to SA Mag Judge

#3

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: 05/01/2026)

#4

May 01, 2026

Certified Mail Receipt as to Renaldo Castro, Warden, South Texas ICE Processing Center & Stephanie Rico, Civil Process Clerk of 3 Order, 1 Petition for Writ of Habeas Corpus (bt) (Entered: 05/01/2026)

#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 Renaldo Castro Warden of 4 Certified Mail Receipt (vl) (Entered: 05/14/2026)

#7

Jun 08, 2026

RESPONSE by Warden, Karnes County Immigration Processing Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Simmons, Sequetha) (Entered: 06/08/2026)

#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

Sep 23, 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 Petitioner's 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 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 Jose Ariel Hernandez 221376305 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)

#11

Sep 23, 2026

JUDGMENT in favor of Jose Ariel Hernandez-- 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 Jose Ariel Hernandez 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

#12

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

#13

Sep 29, 2026

STATUS REPORT by Attorney General of the United States, Director, U.S Department of Homeland Security, Director, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Justice. (Falcon, Barbara) (Entered: 09/29/2026)