Western District of Texas • 5:26-cv-02919

#1

May 04, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 11276), filed by Freddy Javier Guacaran Rojas. (Attachments: # 1 Receipt)(r013) (Entered: 05/08/2026)

#2

May 04, 2026

Case Opening Letter mailed to Freddy Javier Guacaran Rojas. (bc) (Entered: 05/08/2026)

May 04, 2026

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

May 04, 2026

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

May 08, 2026

To be Referred to SA Mag Judge

May 08, 2026

Remark (No Doc#)

#3

May 15, 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 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.) (ks1) (Entered: 05/15/2026)

May 15, 2026

Order

#4

May 22, 2026

RESPONSE to Petition to 1 Petition for Writ of Habeas Corpus by Attorney General of the United States, Director, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security, Secretary, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cordova, Anne Marie) (Entered: 05/22/2026)

#5

May 28, 2026

Response

#6

Jun 23, 2026

Supplement to

#7

Jun 24, 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 26, 2026, Respondents shall RELEASE Petitioner Freddy Javier Guacaran Rojas from custody to a public location, under appropriate conditions of release. If at the time of detention in April 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: 06/24/2026)

#8

Jun 24, 2026

Judgment AND ~Util - Set/Clear Flags

Jun 24, 2026

Order

#9

Jun 29, 2026

Status Report