Western District of Texas • 5:26-cv-02859

#1

Apr 22, 2026

Petition for Writ of Habeas Corpus (Filing fee $ 5 DUE), filed by Gabriela Estela Sosa Yanes. (Attachments: # 1 CoverSheet)(r013) (Entered: 05/01/2026)

#2

Apr 22, 2026

Case Opening Letter mailed to Gabriela Estela Sosa Yanes. (bc) (Main Document 2 replaced on 5/1/2026) (bc). (Entered: 05/01/2026)

Apr 22, 2026

PRO SE MOTION to Proceed in forma pauperis found in 1 by Gabriela Estela Sosa Yanes. (bc)

Apr 22, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE JASON K. PULLIAM (bc)

Apr 22, 2026

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

May 01, 2026

Remark (No Doc#)

May 01, 2026

To be Referred to SA Mag Judge

May 04, 2026

Proceed In Forma Pauperis

#3

May 06, 2026

ORDER TO SHOW CAUSE--IT IS THEREFORE ORDERED that on or before June 5, 2026, pro se Petitioner Gabriela Estela Sosa Yanes must show cause why this matter should not be dismissed by filing an amended petition that includes allegations showing she is in custody in violation of the Constitution or law of the United States, and the following factual information: (1) the date and circumstances of Petitioners initial entry into the United States; (2) whether upon entry she was detained; (3) the circumstances of any prior release by immigration authorities, for example, paroled, order of supervision, etc.; (4) whether she has been compliant with the terms of any prior release; (5) the date and circumstances of her redetention by immigration authorities; and (6) details of all criminal history. Show Cause Response due by 6/5/2026,. Signed by Judge Jason K. Pulliam. (vl) (Entered: 05/07/2026)

May 06, 2026

Mailed Docket Entry 3 Order and 2241 Petition to Petitioner. (vl)

May 06, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

May 06, 2026

Text Order GRANTING [] Motion for Leave to Proceed in forma pauperis entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ks1)

May 07, 2026

Remark (No Doc#)

#4

Jun 05, 2026

Supplement to

#5

Jun 05, 2026

Expedite

#6

Jun 05, 2026

Advisory to the Court

#7

Jun 08, 2026

Text ORDER FOR SERVICE of 1 Petition for Writ of Habeas Corpus and [4, 6] Supplements to Petition. It is ORDERED that notice of electronic filing of 1 Petition, [4, 6] Supplements, 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 seven (7) days of the date of service. The response must identify: (1) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's 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 Petitioner's previous release into the interior; and (4) Petitioner's 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 seven days after the Respondents file their answers/responses. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lc) (Entered: 06/08/2026)

Jun 08, 2026

Text Order DENYING 5 Motion for Expedited Review or Motion to Expedite. 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. Signed by Judge Jason K. Pulliam (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

Jun 08, 2026

Order on Motion to Expedite

Jun 08, 2026

Order

#8

Jun 15, 2026

Response

#9

Jun 16, 2026

Filing Fee Received

#10

Jun 16, 2026

Advisory to the Court

#11

Jun 17, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS. Petitioner claims that Respondents have violated procedural due process rights under the Fifth Amendment based on a significant presence in the United States and/or an improper revocation of 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 Longoria Mendoza v. Noem, ___ F. Supp. 3d ___, ___, No 5:26-CV-0728-JKP, 2026 WL 809441 (W.D. Tex. Feb. 26, 2026) and numerous other cases decided by the undersigned. While there are differences between this case and Longoria Mendoza, none warrant a different result. For reasons previously stated in Longoria Mendoza, 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 procedural due process rights; and (4) fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider any claim other than the alleged violation of procedural due process. The Court has considered the arguments Respondents make in response and rejects them for reasons stated in prior cases. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. Because Petitioner has no known criminal history, has established a significant presence in the United States that requires due process protection, and there is no indication of flight risk or danger to the community, it is ORDERED that on or before June 19, 2026, Respondents shall RELEASE Petitioner Gabriela Estela Sosa Yanes from custody to a public location, under appropriate conditions of release. If at the time of detention in February 2026, Petitioner was complying with terms of release imposed through an unexpired parole or other active release, the imposed appropriate conditions of release shall be no more restrictive than those in place before the detention at issue. Respondents must NOTIFY Petitioner's counsel, if any, of the exact location and exact time of release as soon as practicable and no less than two hours before release. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether 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 Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc) (Entered: 06/17/2026)

#12

Jun 17, 2026

Judgment AND ~Util - Set/Clear Flags

Jun 17, 2026

Order

#13

Jun 22, 2026

Status Report