Filed Date: Jan. 24, 2026
Case Ongoing
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72185757/parties/conejo-arias-v-noem/
Biery, Samuel Frederick (Texas)
Kruger, Mary F. (Texas)
McAndrew, Lacy L. (Texas)
Scarborough, Jennifer (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/72185757/conejo-arias-v-noem/
Last updated Jan. 31, 2026, 12:06 a.m.
State / Territory:
Case Type(s):
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):
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
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):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Immigration/Border: