Western District of Texas • 5:26-cv-01169

#1

Feb 17, 2026

Petition for Writ of Habeas Corpus, filed by Wilkin Junior De Avila Torreblanca. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope, # 3 Exhibits, are sealed because they contain personal information.(tt) (Entered: 02/25/2026)

Feb 17, 2026

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

Feb 17, 2026

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

#2

Feb 25, 2026

Case Opening Letter to Wilkin Junior De Avila Torreblanca. (tt) (Entered: 02/25/2026)

Feb 25, 2026

Remark (No Doc#)

Feb 25, 2026

To be Referred to SA Mag Judge

#7

Mar 03, 2026

Filing fee received in the amount of $5.00, receipt number 10116 (vl) (Entered: 03/27/2026)

#3

Mar 10, 2026

ORDER DIRECTING SERVICE and ANSWER/RESPONSE-- IT IS ORDERED that the U.S. District Clerk: (1) furnish the Office of the U.S. Attorney in San Antonio, Texas, with copies of the Petition (ECF No. 1) and this Order. 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. (vl) (Entered: 03/11/2026)

#4

Mar 11, 2026

Certified Mail Receipt of 1 Petition for Writ of Habeas Corpus, 3 Order, (vl) (Entered: 03/11/2026)

#5

Mar 18, 2026

Certified Mail Receipt delivered Stephanie Rico of 4 Certified Mail Receipt (vl) (Entered: 03/19/2026)

#6

Mar 18, 2026

Certified Mail Receipt delivered South Texas Ice Processing Center of 4 Certified Mail Receipt (vl) (Entered: 03/24/2026)

#8

Apr 16, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Warden, South Texas ICE Processing Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Diaz, Rafael) (Entered: 04/16/2026)

#9

May 04, 2026

REPLY to 8 Response by Wilkin Junior De Avila Torreblanca. (vl) (Entered: 05/05/2026)

#12

Jul 09, 2026

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

#13

Jul 10, 2026

ADVISORY TO THE COURT by Wilkin Junior De Avila Torreblanca. (vl) (Entered: 07/13/2026)

#14

Jul 13, 2026

ORDER VACATING re 12 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#15

Jul 15, 2026

ADVISORY TO THE COURT by Wilkin Junior De Avila Torreblanca. (vl) (Entered: 07/21/2026)

#16

Jul 16, 2026

ADVISORY TO THE COURT by Wilkin Junior De Avila Torreblanca. (vl) (Entered: 07/21/2026)

Jul 29, 2026

Remark (No Doc#)

Jul 29, 2026

Remark: Received email via the Habeas Petitions box notifying the court that petitioner had been moved to the La Salle County Regional Detention Center in Encinal, TX. Address has been updated as requested. (kc)

#17

Sep 08, 2026

NOTICE of Change of Address by Wilkin Junior De Avila Torreblanca (vl) (Entered: 09/09/2026)

#18

Sep 08, 2026

MOTION for Expedited Ruling on Petition by Wilkin Junior De Avila Torreblanca. (vl) (Entered: 09/09/2026)

Sep 17, 2026

Text Order DENYING 18 Motion for Expedited Ruling 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 a bond hearing or 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 Wilkin Junior De Avila Torreblanca 246033767 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. Signed by Judge Fred Biery. (vl) (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

#23

Sep 28, 2026

STATUS REPORT by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A)(Esparza, Fidel) (Entered: 09/28/2026)