Western District of Texas • 5:26-cv-01554

#1

Mar 02, 2026

Petition for Writ of Habeas Corpus, filed by Brian Romero Semmler. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope)(nm) (Entered: 03/11/2026)

#4

Mar 02, 2026

Filing fee received in the amount of $5, receipt number 10345 (tt) (Entered: 04/01/2026)

Mar 02, 2026

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

Mar 02, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (nm)

#2

Mar 11, 2026

Case Opening Letter to Brian Romero Semmler. (nm) (Entered: 03/11/2026)

Mar 11, 2026

To be Referred to SA Mag Judge

Mar 11, 2026

Remark (No Doc#)

#3

Mar 16, 2026

ORDER DIRECTING PETIONER TO SIGN PETITION. Accordingly, IT IS ORDERED that Petitioner sign page 7 of his petition and submit it to the Court within thirty (30) days from the date of this Order. The Clerk is directed to provide Petitioner with a copy of page 7 of his petition. Petitioner is advised that failure to comply with this Order may result in dismissal of this petition.. Signed by Judge Fred Biery. (rqr) (Entered: 03/18/2026)

Mar 18, 2026

Mailed Order 3 along with page 7 of petition to Petitioner. (rqr)

Mar 18, 2026

Remark

#5

Mar 30, 2026

ADVISORY TO THE COURT by Brian Romero Semmler. (mgr) (Entered: 04/02/2026)

#6

Apr 03, 2026

ORDER DIRECTING SERVICE and ANSWER/RESPONSE. Accordingly, 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 by serving Stephanie Rico, the Civil Process Clerk of the U.S. Attorneys Office, and that such delivery by certified mail return receipt requested constitute sufficient service of process on Respondent Markwayne Mullin, acting Secretary of the Department of Homeland Security; and (2) serve Respondent, Renaldo Castro, Warden of the South Texas ICE Processing Center by certified mail return receipt requested. Additionally, 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. (rqr) (Entered: 04/07/2026)

#7

Apr 07, 2026

Certified Mail Receipt of 6 Order, along with 1 Petition for Writ of Habeas Corpus (rqr) (Entered: 04/07/2026)

#8

Apr 13, 2026

Certified Mail Receipt delivered Stephanie Rico of 7 Certified Mail Receipt (vl) (Entered: 04/15/2026)

#9

Apr 15, 2026

Certified Mail Receipt delivered Renald Castro, Warden South Texas ICE Processing Center of 7 Certified Mail Receipt. (ktm) (Entered: 04/16/2026)

#10

May 11, 2026

RESPONSE Federal Respondents Response to Petition for Writ of Habeas Corpus by ICE. (Attachments: # 1 Exhibit A)(McAndrew, Lacy) (Entered: 05/11/2026)

#11

Jun 18, 2026

MOTION for Relief by Brian Romero Semmler. (rqr) (Entered: 06/24/2026)

#12

Jul 09, 2026

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

#13

Jul 13, 2026

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

#14

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. 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 Brian Romero Semmler 240808728 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)

#15

Sep 23, 2026

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

Sep 23, 2026

Order

#16

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

#17

Sep 28, 2026

STATUS REPORT RESPONDENTS STATUS REPORT by ICE. (Attachments: # 1 Exhibit A)(Playton, Christina) (Entered: 09/28/2026)