Order | Filed: September 18, 2026
| Entered: September 18, 2026
Rodriguez-Rodriguez v. Blanche et al
Habeas Corpus - Alien Detainee | Texas Western
Order on Motion to Expedite
TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS and DENYING 6 Motion for Status Conference and Request for Expedited Consideration. Petitioner moves to expedite on grounds that no action has been taken in this case since June 2026. Given the hundreds of similar habeas actions pending in this Court, Petitioner provides no basis to expedite. Furthermore, the Court denies the motion as unnecessary because it has already 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. Although Petitioner was arrested on March 29, 2026, for misdemeanor driving while intoxicated, the case has remained unfiled, and Petitioner was ultimately released on personal bond with respect to the arrest. The same day of that release, Petitioner was transferred to immigration custody. Respondents do not rely on this arrest to support his detention or oppose the habeas petition. Because Petitioner has no other criminal history, has established a significant presence in the United States that requires due process protection, and there is no other indication of flight risk or danger to the community, it is ORDERED that on or before September 20, 2026, Respondents shall RELEASE Petitioner Aaron Rodriguez-Rodriguez 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)