Case: Conejo Arias v. Noem

26-cv-00415 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 24, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 22, 2026, Immigrations and Customs Enforcement (ICE) took a 5-year-old boy into custody with his father in Minnesota. The 5-year-old was apprehended by immigration officials shortly after arriving home from preschool while his father was in their driveway. Officials from the child's school allege that ICE took the child out of the running vehicle and directed him to knock on the door to see if his mother was home, "essentially using a 5-year-old as bait." Following these events, both…

On January 22, 2026, Immigrations and Customs Enforcement (ICE) took a 5-year-old boy into custody with his father in Minnesota. The 5-year-old was apprehended by immigration officials shortly after arriving home from preschool while his father was in their driveway. Officials from the child's school allege that ICE took the child out of the running vehicle and directed him to knock on the door to see if his mother was home, "essentially using a 5-year-old as bait." Following these events, both the child and his father were detained in the Dilley Immigration Processing Center in Dilley, Texas.

Two days later, the child, through his father, filed an emergency petition for a writ of habeas corpus in the United States District Court for the Western District of Texas. That same day, the petitioner moved for a temporary restraining order, and a preliminary injunction. Judge Fred Biery is presiding over the case. On January 26, Judge Biery ordered the government to file a response to the petition and the motion for preliminary relief within five days. The court barred any transfer of the petitioner to outside the judicial district during the pendency of the litigation.

This case is ongoing.

Summary Authors

Jinan Abufarha (1/30/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72185757/parties/conejo-arias-v-noem/


Judge(s)

Biery, Samuel Frederick (Texas)

Expert/Monitor/Master/Other

Kruger, Mary F. (Texas)

McAndrew, Lacy L. (Texas)

Scarborough, Jennifer (Texas)

show all people

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72185757/conejo-arias-v-noem/

Last updated Jan. 31, 2026, 12:06 a.m.

ECF Number Description Date Link Date / Link
1

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21269760), filed by Adrian Conejo Arias, L. C.R.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Parole I-94s for Petitioners, # 3 Exhibit Notice to Appear for Petitioners, # 4 Exhibit ICE Policy Detention of Families)(Scarborough, Jennifer) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

2

MOTION for Order to Show Cause Emergency, MOTION to Expedite Emergency by L. C.R., Adrian Conejo Arias. (Attachments: # 1 Proposed Order)(Scarborough, Jennifer) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

3

MOTION for Temporary Restraining Order Emergency, MOTION for Preliminary Injunction Emergency, MOTION to Expedite by L. C.R., Adrian Conejo Arias. (Attachments: # 1 Proposed Order)(Scarborough, Jennifer) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

Case assigned to Judge Fred Biery. 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)

Jan. 24, 2026

Jan. 24, 2026

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

Jan. 24, 2026

Jan. 24, 2026

4

ORDER FOR SERVICE AND FURTHER ORDERS OF THE COURT--IT IS HEREBY ORDERED that the District Clerk shall furnish the Office of the United States Attorney in San Antonio, Texas, with copies of the Emergency Petition for Writ of Habeas Corpus (ECF No. 1) and this Order. IT IS FURTHER ORDERED that the Clerk of Court shall serve the Respondent, Warden, Dilley Immigration Processing Center, with copies of the Emergency Petition for Writ of Habeas Corpus (ECF No. 1) and this Order. IT IS FURTHER ORDERED that Respondents shall file a response to the Petition within five (5) days of the date of service. IT IS FURTHER ORDERED that any possible or anticipated removal or transfer of Petitioners Adrian Conejo Arias and L.C.R., a minor child, is IMMEDIATELY STAYED until further order from this Court. Respondents SHALL NOT TRANSFER Petitioners Adrian Conejo Arias and L.C.R., a minor child, outside of this judicial district during the pendency of this litigation and until further Order of this Court.. Signed by Judge Fred Biery. (vl) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP
5

AMENDED ORDER FOR SERVICE AND FURTHER ORDERS OF THE COURT--IT IS HEREBY ORDERED that the District Clerk shall furnish the Office of the United States Attorney in San Antonio, Texas, with copies of the Emergency Petition for Writ of Habeas Corpus(ECF No. 1); Petitioners Motion to Show Cause (ECF No. 2); Petitioners Emergency Motion For Preliminary Injunction and Temporary Restraining Order (ECF No. 3); and this Order. IT IS FURTHER ORDERED that the Clerk of Court shall serve the Respondent, Warden, Dilley Immigration Processing Center, with copies of the Emergency Petition for Writ of Habeas Corpus (ECF No. 1); Petitioners Motion to Show Cause (ECF No. 2); Petitioners Emergency Motion ForPreliminary Injunction and Temporary Restraining Order (ECF No. 3); and this Order. IT IS FURTHER ORDERED that Respondents shall file a response to the Petition and motions within five (5) days of the date of service.. Signed by Judge Fred Biery. (vl) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP

To be Referred to SA Mag Judge

Jan. 26, 2026

Jan. 26, 2026

Case Assigned/Reassigned

Jan. 26, 2026

Jan. 26, 2026

6

Certified Mail Receipt of 5 Order,,, 1 Petition for Writ of Habeas Corpus, 3 MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Emergency MOTION to Expedite, 2 MOTION for Order to Show Cause Emergency MOTION to Expedite Emergency (vl) (Entered: 01/27/2026)

Jan. 27, 2026

Jan. 27, 2026

8

RESPONSE Federal Respondents Response to Petition for Writ of Habeas Corpus by Pamela Bondi, Todd Lyons, Daren K. Margolin, Kristi Noem. (Attachments: # 1 Exhibit A)(Cordova, Anne Marie) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 24, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The petitioner is a 5-year-old boy filing through his father.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pamela Bondi (District of Columbia), Federal

Todd Lyons (District of Columbia), Federal

Daren Margolin (District of Columbia), Federal

John Doe, County

Kristi Noem (District of Columbia), Federal

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

Other Dockets:

Western District of Texas 26-cv-00415

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Habeas

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Detention - criteria

Detention - procedures