Western District of Texas • 5:26-cv-00866

#1

Feb 06, 2026

Petition for Writ of Habeas Corpus, filed by Luis Angel Pena Aguilera. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope, # 3 Attachments, are sealed because they contain personal information.(tt) (Entered: 02/10/2026)

#2

Feb 06, 2026

MOTION for Temporary Restraining Order by Luis Angel Pena Aguilera. (tt) (Entered: 02/10/2026)

#3

Feb 06, 2026

MOTION to Expedite by Luis Angel Pena Aguilera. (tt) (Entered: 02/10/2026)

#4

Feb 06, 2026

MOTION for Order to Show Cause by Luis Angel Pena Aguilera. (tt) (Entered: 02/10/2026)

Feb 06, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY. (tt)

Feb 06, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (tt)

#5

Feb 10, 2026

Case Opening Letter to Luis Angel Pena Aguilera. (tt) (Entered: 02/10/2026)

Feb 10, 2026

To be Referred to SA Mag Judge

Feb 10, 2026

Remark (No Doc#)

#6

Feb 11, 2026

ORDER DIRECTING SERVICE and ANSWER/RESPONSE-- Upon consideration, Petitioners Motion for Temporary Restraining Order (ECF No. 2) is HELD IN ABEYANCE and Petitioners Motion to Expedite (ECF No. 3) is DISMISSED WITHOUT PREJUDICE. 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. (vnd) (Entered: 02/12/2026)

Feb 11, 2026

Text Order DISMISSING as moot 4 Motion for Order to Show Cause entered by Judge Fred Biery. A show cause order has not been issued by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

Feb 11, 2026

Order on Motion to Show Cause

#7

Feb 12, 2026

Certified Mail Receipt as to Stephanie Rico and Renaldo Castro Warden of 1 Petition for Writ of Habeas Corpus, 6 Order,, Terminate Motions, (vnd) (Entered: 02/12/2026)

#10

Feb 19, 2026

Filing fee received in the amount of $5, receipt number 9957 (nm) (Entered: 03/02/2026)

#8

Feb 20, 2026

Certified Mail Receipt delivered Reynaldo Castro, Warden of 7 Certified Mail Receipt (vl) (Entered: 02/20/2026)

#9

Feb 23, 2026

Certified Mail Receipt delivered Stephanie Rico, The Civil Process Clerk of 7 Certified Mail Receipt (vl) (Entered: 02/27/2026)

#11

Mar 19, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by The Acting Director of U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(McAndrew, Lacy) (Entered: 03/19/2026)

#12

Mar 30, 2026

ORDER TO SHOW CAUSE --Alternatively, IT IS ORDERED that within thirty (30) days from the date of this Order, Pena Aguilera must show cause why this case should not be dismissed by filing a signed and dated statement that he is adopting and ratifying the Petition and all other previously filed pleadings. Should Pena Aguilera adopt the Petition, future filings should be filed and signed by Pena Aguilera pro se. In this event, all court correspondence shall be mailed solely to him at his last known address. as to Luis Angel Pena Aguilera.. Signed by Judge Fred Biery. (mgr) (Entered: 04/01/2026)

#13

Apr 01, 2026

Certified Mail Receipt of 12 Order to Show Cause,, (mgr) (Entered: 04/01/2026)

#14

Apr 14, 2026

REPLY to 11 Response by Luis Angel Pena Aguilera. (vl) (Entered: 04/15/2026)

#16

Jul 09, 2026

ORDER FOR OMNIBUS ADVISORY. Signed by Judge Fred Biery. (r013) (Entered: 07/09/2026)

#17

Jul 13, 2026

ORDER VACATING re 16 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#18

Aug 19, 2026

MOTION to Expedite by Luis Angel Pena Aguilera. (bt) (Entered: 08/20/2026)

Sep 03, 2026

Orders 6, 12, 16 & 17 and Text Order dated 2/11/26 re-mailed to Petitioner with corrected A#. (bt)

Sep 03, 2026

Remark (No Doc#)

Sep 14, 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. (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 TRO

Sep 17, 2026

Text Order DENYING 18 Motion to Expedite 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 (This is a text-only entry generated by the court. There is no document associated with this entry.) (swt)

Sep 17, 2026

Order on Motion to Expedite

#19

Sep 23, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS: Petitioner argues that Petitioners detention is unlawful and asks the Court to order Petitioners 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 Petitioners 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 Luis Angel Pena Aguilera 240641501 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)

#20

Sep 23, 2026

JUDGMENT in favor of Luis Angel Pena Aguilera-- 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 Luis Angel Pena Aguilera 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: 09/23/2026)

Sep 23, 2026

Order

#21

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

#22

Sep 28, 2026

STATUS REPORT Federal Respondents Status Report to the Court by The Acting Director of U.S. Immigration and Customs Enforcement. (Ripley, Nathan) (Entered: 09/28/2026)