Escalante-Vasquez v. Tate et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
EMILZON GUSTAVO ESCALANTE-
VASQUEZ,
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Petitioner,
vs.
RANDY TATE, et al.,
Respondents.
§ 	CIVIL ACTION NO. 4:26-CV-01090
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ORDER
The petitioner, Emilzon Gustavo Escalante-Vasquez, is a detainee in the custody of
United States Department of Homeland Security, Immigration and Customs Enforcement
("ICE") officials. 	Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C.
§ 2241 , challenging his continued detention. Respondents have filed a motion for summary
judgment (Doc. No. 5) , to which Petitioner has filed a response in opposition (Doc. No. 6),
and Respondents have filed a reply (Doc. No. 7).
The petitioner is detained under 8 U.S.C. § 1225(b )(2)(A) and has been detained for
more than 90 days; therefore, he is entitled to a bond hearing based on the Fifth Circuit's
recent opinion in Sosnava Rodriguez v. Ortega, No.26-50183, 2026 WL 1906557 (5th Cir.
July 2, 2026).
Accordingly, the Court ORDERS as follows:
1. 	The petition for a writ of habeas corpus is GRANTED in part.
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United States District Court
Southern District of Texas
ENTERED
July 07, 2026
Nathan Ochsner, Clerk
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2. 	Respondents shall release the petitioner from custody unless the government
provides a bond hearing by August 7, 2026. If a bond hearing is held, the
govermnent "must articulate an individualized justification for further detention
without bond." Sosnava Rodriguez, 2026 WL 1906557, at *16. The government
shall provide at least 48 hours' notice to the petitioner and counsel before the
bond hearing, if such is held, or before release.
3. 	The parties must confer and file a joint update with the Court by August 14,
2026, informing the Court of the result of any hearing and the petitioner's
custody status.
4. 	The parties must file an advisory by September 8, 2026, stating whether this
case may be closed or what other issues remain for adjudication.
5. 	Respondents' motion for summary judgment (Doc. No. 5) is DENIED.
6. 	All other pending motions, if any, are DENIED as MOOT.
SO ORDERED. 	A'-.
SIGNED this 	t'") 	day of July 2026.
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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