Western District of Texas • 5:26-cv-04875

#1

Jul 29, 2026

Petition for Writ of Habeas Corpus (Filing fee $ 5 DUE), filed by Manuel de Jesus Aray.(r013) (Entered: 07/31/2026)

#2

Jul 29, 2026

MOTION for Temporary Restraining Order and MOTION to Stay Transfer and Removal Pending Adjudication by Manuel de Jesus Aray. (kc) (Entered: 07/31/2026)

Jul 29, 2026

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

Jul 29, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Henry J. Bemporad (kc)

#3

Jul 31, 2026

Case Opening Letter mailed to Manuel de Jesus Aray. (kc) (Entered: 07/31/2026)

Jul 31, 2026

Case Assigned/Reassigned

Jul 31, 2026

To be Referred to SA Mag Judge

#7

Aug 10, 2026

JS44 (Civil Cover Sheet) submitted by Manuel de Jesus Aray. (bt) (Entered: 08/17/2026)

#8

Aug 10, 2026

ADVISORY TO THE COURT by Manuel de Jesus Aray. (bt) (Entered: 08/17/2026)

#4

Aug 11, 2026

Advisory to the Court by Manuel de Jesus Aray (bt). (Entered: 08/13/2026)

#5

Aug 11, 2026

NOTICE of Payment of Filing Fee by Manuel de Jesus Aray (bt) (Entered: 08/13/2026)

#6

Aug 13, 2026

Habeas Corpus Filing fee received in the amount of $5, receipt number 12510 (bt) (Entered: 08/17/2026)

#9

Aug 18, 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) 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 fifteen (15) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md) (Entered: 08/18/2026)

Aug 18, 2026

Order

#11

Aug 21, 2026

MOTION for Issuance of an Order for Service Under 28 USC 2243 by Manuel de Jesus Aray. (bt) (Entered: 08/24/2026)

#12

Aug 21, 2026

SUPPLEMENTAL MEMORANDUM to 1 Petition for Writ of Habeas Corpus by Manuel de Jesus Aray. (bt) (Entered: 08/24/2026)

#10

Aug 24, 2026

Text Order DENYING 2 Motion for Temporary Restraining 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. Petitioner's Motion to Stay is also DENIED. The Fifth Circuit recently stated in an unpublished decision that district courts lack jurisdiction to grant relief ancillary to removal orders, including stays of removal. Imran v. Harper, No. 25-30370, 2026 WL 93131 (5th Cir. 2026). (This is a text-only entry generated by the court. There is no document associated with this entry.) (md) (Entered: 08/24/2026)

Aug 24, 2026

Order

#13

Sep 03, 2026

SUPPLEMENTAL MEMORANDUM to 1 Petition for Writ of Habeas Corpus, 12 Supplemental Memorandum by Manuel de Jesus Aray. (bt) (Entered: 09/04/2026)

Sep 14, 2026

Text Order DISMISSING 11 Motion entered by Judge Fred Biery. The Court will enter an Order for Service sua sponte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

Sep 14, 2026

Order on Motion for Miscellaneous Relief

#14

Sep 17, 2026

RESPONSE to Petition to 1 Petition for Writ of Habeas Corpus by Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Kenneth) (Entered: 09/17/2026)

#17

Sep 28, 2026

RESPONSE to 14 Response by Manuel de Jesus Aray. (bt) (Entered: 10/05/2026)

#15

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. 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 Manuel de Jesus Aray 244858061 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)

#16

Sep 29, 2026

JUDGMENT in favor of Manuel de Jesus Aray-- 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 Manuel de Jesus Aray from their custody according to the terms and conditions set forth in the Courts Order. In all other respects, the Petition is DENIED.. Signed by Judge Fred Biery. (bt) (Entered: 09/30/2026)

Sep 29, 2026

Order

#18

Oct 05, 2026

STATUS REPORT by Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A)(Diaz, Rafael) (Entered: 10/05/2026)