Western District of Texas • 5:26-cv-02277
Torres Martinez v. Thompson
Completed
Case Information
Filed: April 07, 2026
Assigned to:
Jason K Pulliam
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 02, 2026
Last Activity:
July 06, 2026
Parties:
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Docket Entries
#1
Apr 07, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21716753), filed by Diana Jaqeli Torres Martinez. (Attachments: # 1 Civil Cover Sheet JS 44, # 2 Exhibit index and exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Quintana, Carlos) (Entered: 04/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
Apr 07, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (rqr)
Apr 07, 2026
Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rqr)
Apr 08, 2026
Case Assigned/Reassigned
Apr 08, 2026
To be Referred to SA Mag Judge
#2
Apr 09, 2026
STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (r013) (Entered: 04/09/2026)
Main Document:
Order
#3
Apr 09, 2026
CERTIFICATE OF SERVICE by Diana Jaqueline Torres Martinez affidavit of service 1 Petition for Writ of Habeas Corpus, (Quintana, Carlos) (Entered: 04/09/2026)
Main Document:
Certificate of Service
#4
Apr 21, 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 seven (7) 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 seven days after the Respondents file their answers/responses. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 04/21/2026)
Apr 21, 2026
Order
#5
Apr 28, 2026
Response
Main Document:
Response
#6
May 05, 2026
Response
Main Document:
Response
#7
Jul 01, 2026
Substitute Party
Main Document:
Substitute Party
#8
Jul 01, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#9
Jul 02, 2026
Text Order GRANTING 7 Unopposed Motion to Substitute Immediate-Custodian Respondent. IT IS ORDERED that Jose Rodriguez Jr., Facility Administrator of the Dilley Immigration Processing Center, or his successor in office, in his official capacity, is SUBSTITUTED as the immediate-custodian Respondent in place of Rose Thompson, who is TERMINATED as a Respondent. The Clerk of Court shall update the docket accordingly. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 07/02/2026)
#10
Jul 02, 2026
TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS and MOOTING 8 Opposed Motion for an Order Preserving the Courts Jurisdiction. Petitioner claims that Respondents have violated procedural due process rights under the Fifth Amendment based on a significant presence in the United States and/or an improper revocation of 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 Longoria Mendoza v. Noem, 823 F. Supp. 3d 636 (W.D. Tex. 2026) and numerous other cases decided by the undersigned. While there are differences between this case and Longoria Mendoza, none warrant a different result. For reasons previously stated in Longoria Mendoza, 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 procedural due process rights; and (4) fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider any claim other than the alleged violation of procedural due process. The Court has considered the arguments Respondents make in response and rejects them for reasons stated in prior cases. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. Given this ruling, it moots the motion. Because Petitioner has no known criminal history, has established a significant presence in the United States that requires due process protection, and there is no indication of flight risk or danger to the community, it is ORDERED that on or before July 4, 2026, Respondents shall RELEASE Petitioner Diana Jaqueline Torres Martinez from custody to a public location, under appropriate conditions of release. Respondents must NOTIFY Petitioner's counsel of the exact location and exact time of release as soon as practicable and no less than two hours before release. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether Petitioner has been released. If counsel for Petitioner disagrees with any aspect of the filed Status Report, counsel may file a separate Status Report. A written final judgment will be issued separately to summarize the orders of the Court and to close this habeas case. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 07/02/2026)
#11
Jul 02, 2026
Judgment
Main Document:
Judgment
Jul 02, 2026
Order on Motion for Miscellaneous Relief
Jul 02, 2026
Order on Motion to Substitute Party
#12
Jul 06, 2026
Status Report
Main Document:
Status Report
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