Perez Baute v. Bradford et al

UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF TEXAS
HOUSTON DIVISION
KA TIA PEREZ BAUTE, 	§
§
§
§
Petitioner,
vs. 	§ 	CIVIL ACTION NO. 4:26-CV-00154
§
BRET BRADFORD, et al., 	§
§
Respondents. 	§
ORDER
The petitioner, Katia Perez Baute, is a detainee in the custody of United Stat es
Department of Homeland 	Security, Immigration and 	Customs 	Enforcement 	("ICE")
o ffi cials at the Houston Contract Facility. 	Through counsel, petitioner filed a petition for
a writ ofhabeas corpus under 28 U.S.C. § 2241 , challenging her continued detention. Doc.
No. 1. 	Respondents have filed a motion for summary judgment (Doc. No. 8) , to which
Petitioner has filed a response in opposition (Doc. No. 9) , a request for judicial notice (Doc.
No. 10) , and a notice of supplemental authority (Doc. No. 11).
The petitioner is detained under 8 U.S.C. § 1225(b)(2)(A) and has been detained for
more than 90 days; therefore, she 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.
1/2
United States District Court
Southern District of Texas
ENTERED
July 07, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-00154 Document 12 Filed 07/07/26 in TXSD Page 1 of 2

2 / 2
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
government "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. 8) is DENIED.
6. All other pending motions, if any, are DENIED as MOOT.
SO ORDERED.
/'I -1 '-
SIGNED this _ ' _' __ day of July 2026.
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
Case 4:26-cv-00154 Document 12 Filed 07/07/26 in TXSD Page 2 of 2