Western District of Texas • 5:26-cv-04226

#1

Jul 06, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-22249016), filed by DONNY JOSE REQUENA. (Attachments: # 1 Civil Cover Sheet)(Gonzalez, Leticia) (Entered: 07/06/2026)

Jul 06, 2026

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

Jul 06, 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. (bt)

Jul 08, 2026

Case Assigned/Reassigned

Jul 08, 2026

To be Referred to SA Mag Judge

#2

Jul 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: 07/09/2026)

#3

Jul 09, 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: 07/09/2026)

#4

Jul 09, 2026

ORDER FOR OMNIBUS ADVISORY. Signed by Judge Jason K. Pulliam. (r013) (Entered: 07/09/2026)

Jul 09, 2026

Order

#5

Jul 13, 2026

ORDER VACATING re 4 Order for Omnibus Advisory. Signed by Judge Jason K. Pulliam. (r013) (Entered: 07/13/2026)

#6

Jul 16, 2026

RESPONSE to Petition to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Todd M. Lyons, Markwayne Mullin, Miguel Vergara. (Attachments: # 1 Exhibit A)(Miller, Kenneth) (Entered: 07/16/2026)

#7

Jul 23, 2026

RESPONSE REPLY to 6 Response by Donny Jose Requena. (Gonzalez, Leticia) (Entered: 07/23/2026)

#8

Oct 14, 2026

MOTION to Expedite by Donny Jose Requena. (Gonzalez, Leticia) (Entered: 10/14/2026)

#9

Oct 15, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS and DENYING 8 Motion for Expedited Consideration. Petitioner essentially moves to expedite on grounds that no action has been taken in this case since it became ripe in July 2026. Given the hundreds of similar habeas actions pending in this Court, Petitioner provides no basis to expedite. Such motions merely waste judicial time and resources, which could be used on other habeas cases. It is purely coincidental that the Court reached this case one day after the motion to expedite. The Court denies the motion as unnecessary because it has expedited this matter to the extent possible through its standard practice with habeas petitions.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. 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 October 17, 2026, Respondents shall RELEASE Petitioner Donny Jose Requena from custody to a public location, under appropriate conditions of release. If at the time of detention in June 2026, Petitioner was complying with terms of release imposed through an unexpired parole or other active release, the imposed appropriate conditions of release shall be no more restrictive than those in place before the detention at issue. 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: 10/15/2026)

#10

Oct 15, 2026

FINAL JUDGMENT in favor of Donny Jose Requena-- 1. On or before October 17, 2026, Respondents shall RELEASE Petitioner Donny Jose Requena from custody to a public location under appropriate conditions of release. If at the time of his immigration detention in June 2026, Petitioner was complying with terms of release imposed through an unexpired parole or other active release, the imposed appropriate conditions of release shall be no more restrictive than those in place before the detention at issue. 2. Respondents must NOTIFY Petitioners counsel of the exact location and exact time of release as soon as practicable and no less than two hours before release. 3. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. 4. 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. Signed by Judge Jason K. Pulliam. (bt) (Entered: 10/15/2026)

Oct 15, 2026

Order on Motion to Expedite

#11

Oct 19, 2026

STATUS REPORT by Todd Blanche, Todd M. Lyons, Markwayne Mullin, Miguel Vergara. (Attachments: # 1 Exhibit A)(Falcon, Barbara) (Entered: 10/19/2026)