Western District of Texas • 5:26-cv-00809

#1

Feb 02, 2026

Petition for Writ of Habeas Corpus (Filing fee $ 5 receipt number 9827), filed by Marleny Colon Aguilera. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Copy of Envelope, # 4 Attachments, are sealed because they contain personal identifiers.(tt) (Entered: 02/09/2026)

Feb 02, 2026

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

Feb 02, 2026

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

#2

Feb 09, 2026

Case Opening Letter to Marleny Colon Aguilera. (tt) (Entered: 02/09/2026)

Feb 09, 2026

To be Referred to SA Mag Judge

Feb 09, 2026

Remark (No Doc#)

#3

Feb 11, 2026

ORDER DIRECTING SERVICE and ANSWER/RESPONSE. Signed by Judge Fred Biery. (vnd) (Entered: 02/11/2026)

#4

Feb 11, 2026

Certified Mail Receipt as to Stephanie Rico and Karnes County of 1 Petition for Writ of Habeas Corpus, 3 Order (vnd) (Entered: 02/11/2026)

#5

Feb 24, 2026

Certified Mail Receipt

#6

Mar 03, 2026

Certified Mail Receipt

#7

Mar 19, 2026

Response

#8

Apr 15, 2026

Response

#9

Jul 09, 2026

Order

#10

Jul 10, 2026

Notice

#11

Jul 13, 2026

Order

#12

Jul 27, 2026

Notice of Change of Address

#13

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 Marleny Colon Aguilera 240867074 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)

#14

Sep 23, 2026

JUDGMENT. Signed by Judge Fred Biery. (vl) (Entered: 09/23/2026)

Sep 23, 2026

Order

Sep 25, 2026

Order