Western District of Texas • 5:26-cv-04849

#1

Jul 28, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 12256), filed by Felix Eduardo Pena Zerpa. (Attachments: # 1 Receipt)(r013) (Entered: 07/30/2026)

Jul 28, 2026

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

Jul 28, 2026

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

#2

Jul 30, 2026

Case Opening Letter mailed to Felix Eduardo Pena Zerpa. (kc) (Entered: 07/30/2026)

Jul 30, 2026

Case Assigned/Reassigned

Jul 30, 2026

To be Referred to SA Mag Judge

#3

Aug 03, 2026

Text ORDER FOR SERVICE. It is hereby ORDERED that the Clerk of Court shall furnish the Office of the United States Attorney in San Antonio, Texas, with copies of the Petition for Writ of Habeas Corpus (ECF No. 1) and this Order with delivery by certified mail return receipt requested. It is FURTHER ORDERED that the Clerk of Court shall serve Respondent Warden with copies of the Petition for Writ of Habeas Corpus (ECF No. 1) and this Order with delivery by certified mail, return receipt requested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within thirty (30) days of the date of service. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than fifteen (15) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (md) (Entered: 08/03/2026)

Aug 03, 2026

Order

#4

Sep 02, 2026

RESPONSE to Petition by Markwayne Mullin, Miguel Vergara. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(May, LaTasha) (Entered: 09/02/2026)

#5

Sep 17, 2026

REPLY to 4 Response by Felix Eduardo Pena Zerpa. (mgr) (Entered: 09/21/2026)

#6

Sep 29, 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 Felix Eduardo Pena Zerpa 220860697 from custody, under reasonable conditions of supervision, to a public place no later than October 2, 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: 09/29/2026)

#7

Sep 29, 2026

JUDGMENT. Signed by Judge Fred Biery. (vl) (Entered: 09/30/2026)

Sep 29, 2026

Order

#8

Oct 05, 2026

Status Report