(DILLEY, TEXAS) — A federal habeas corpus petition is often the fastest and most direct defense strategy for challenging what counsel argues is unlawful or unconstitutional immigration detention, especially in high-stakes family-detention situations involving a minor. That approach succeeded—on the specific facts presented—in the case of 5-year-old Liam Conejo Ramos and his father, Adrian Conejo Arias, after a U.S. district judge ordered their release from ICE custody tied to the Dilley, Texas family detention facility.
On January 31, 2026, U.S. District Judge Fred Biery of the U.S. District Court for the Western District of Texas granted a writ of habeas corpus and ordered ICE to release the father and child. The order framed the detention as unconstitutional, with a reference to Fourth Amendment principles.
The ruling matters because it shows how federal courts can intervene quickly when a petitioner can persuade the court that detention lacks adequate legal justification. It is also important to keep scope in perspective: a habeas order is typically case-specific and is not a nationwide rule change, though it can shape arguments in similar cases where detention appears punitive or untethered from individualized risk.
1) Case overview: what the judge ordered, and why it matters
The core outcome was straightforward. Judge Biery ordered the release of Liam Conejo Ramos and Adrian Conejo Arias from ICE detention via a habeas corpus petition, a federal court process for challenging unlawful custody.
The constitutional framing was that continued detention was unlawful under the Constitution, with a Fourth Amendment reference. The order also included rhetorical and moral language, but the legally binding parts are the relief granted and the conditions imposed on the government.
For defense counsel, the strategic takeaway is that habeas may be available when ordinary custody-review channels move too slowly or do not provide meaningful review. In family-detention cases, speed often matters as much as the merits because children’s welfare, schooling, and medical stability can become central equities in a judge’s balancing.
2) Detention timeline and why context matters (family detention and compliance history)
This case sits at the intersection of three facts that often drive detention fights: (1) a family residential center setting, (2) the manner of apprehension, and (3) a documented record of appearing for the process. The family was held at the Dilley family detention facility in Dilley, Texas.
Facilities like Dilley have historically been used to hold parents and children together while DHS conducts custody determinations and while immigration cases proceed. Even when “family” detention is framed as civil custody, courts can scrutinize conditions and duration when petitioners argue detention is not reasonably tied to a legitimate government purpose.
The reported timeline, summarized from the record described in this matter, is significant for defense arguments:
- December 2024: The father and child reportedly presented at a Texas border office to seek asylum
- January 20, 2026: They were apprehended in the Minneapolis area, in a highly visible and controversial setting near the child’s preschool
- January 31, 2026: The federal court ordered release
- February 1, 2026: They were released
Why does the earlier asylum presentation matter? In many detention disputes, DHS argues “flight risk” or lack of compliance. A documented history of showing up for hearings, check-ins, or processing appointments can cut against that argument.
Counsel often frames voluntary presentation to authorities as evidence the family is not evading the system and will appear if released under conditions.
Why does the apprehension context matter? A dramatic or public arrest can raise concerns about whether enforcement actions were individualized, proportionate, and consistent with stated detention rationales. Defense filings often connect those facts to due process concerns and to the availability of alternatives to detention, such as parole, recognizance, or orders of supervision.
Warning: Do not assume a habeas win means the immigration case is over. Release from detention does not, by itself, grant asylum or lawful status.
3) Legal reasoning in plain English: habeas, “unconstitutional detention,” and Fourth Amendment concepts
A writ of habeas corpus is a court order requiring the government to justify why it is holding a person in custody. In immigration detention cases, habeas can be used to challenge the legal basis for detention, the lack of adequate process, or the reasonableness of continued custody.
Relief can include an order to release the person or to provide a bond hearing, depending on the posture and the judge’s conclusions. When a court says detention is “unconstitutional,” it typically means the government failed to show custody serves a legitimate purpose or lacked individualized justification.
Fourth Amendment concepts can surface when petitioners argue that the seizure and detention are unreasonable or insufficiently supported. Immigration enforcement operates in a civil framework, but constitutional protections still apply; the analysis is fact-intensive and can vary by circuit and statute.
Defense lawyers typically contest “flight risk” and “danger” through concrete proof. Evidence often includes stable residence, school enrollment for children, medical documentation, prior compliance, and community support.
- Proof of stable residence and family ties
- School enrollment for children and a consistent caregiver plan
- Medical documentation, including trauma impacts
- Prior compliance: court appearances, check-ins, or documented presentation to authorities
- Community letters, employer letters, or religious/community support
The order in this case also included moral and rhetorical references. Courts sometimes write forcefully in high-profile matters, but the binding portion remains the legal conclusion and the remedy; rhetorical flourishes may influence persuasion but do not substitute for the elements a petitioner must prove.
4) Release logistics and conditions: what “as soon as practicable” can mean
Judge Biery ordered release “as soon as practicable.” Operationally, that often means ICE coordinates processing steps, confirms identity, issues paperwork, and arranges travel if needed, which can still take hours or longer. Counsel commonly pushes for prompt compliance and documentation.
Two conditions highlighted in this case are common in emergency detention litigation: a prohibition on removal or transfer while implementing release, and an attorney notification requirement to prevent last-minute transfers and coordinate safe release planning.
- No removal or transfer while implementing release. This aims to prevent sudden movement that could moot the habeas case or impede attorney access.
- Attorney notification requirement. ICE was required to notify counsel two hours prior to release-related action to help counsel prevent last-minute transfers and coordinate safe release.
Release does not end the underlying immigration proceedings. The family may still face removal proceedings and may need to pursue asylum (INA § 208), withholding of removal (INA § 241(b)(3)), or protection under the Convention Against Torture.
The reported travel details drew public attention, including an escort arrangement following release. Those details are not unusual in high-profile cases and do not change the legal reality that the merits of any asylum claim remain to be decided in the proper forum.
Deadline/Planning Note: After release, address updates must be handled carefully. In removal proceedings, missing a court notice can lead to an in absentia order. Many respondents must file address changes promptly.
5) Parties and public statements: reading claims against the court record
The principal individuals in this matter include the child, Liam Conejo Ramos, and the father, Adrian Conejo Arias, who was also reported under a name variant, Adrian Alexander Conejo Ramos. Their attorney was reported as Marc Prokosch.
Government statements came from DHS and DOJ leadership, and Members of Congress also commented publicly. In high-profile detention cases, official statements may focus on enforcement posture, record-checking, or the agency’s view of the underlying entry history.
Court orders, by contrast, address the legal authority for detention and the constitutional limits on custody in the case at hand. Those are different “languages,” and they can talk past each other.
Name consistency is not a side issue: it can affect identity verification, A-number matching, and whether records appear linked. In family-based or asylum filings, inconsistent transliterations, multiple surnames, or variations across documents can create delays or suspicion.
Counsel often assembles identity packets with birth records, passports, consular IDs, and sworn declarations to explain variations. Handling name variations through counsel with supporting documents helps avoid inconsistent biographical details being provided to officers or agencies.
Warning: Do not give officers or agencies inconsistent biographical details. If there are name variations, explain them through counsel with documents whenever possible.
6) Practical impact and what to watch next in similar cases
Reports in this matter described trauma impacts on the child during detention, including sleep disruption and illness. Even when not dispositive legally, documented harm can influence a judge’s view of irreparable injury in emergency filings and support arguments for alternatives to detention.
After sudden release, families often face practical burdens such as re-enrolling children in school, obtaining medical and counseling records, and rebuilding stable housing. From a legal-defense standpoint, these steps also support compliance and demonstrate roots in the community and the ability to appear for future hearings.
Looking ahead, readers should watch for three things in similar detention disputes:
- Which detention authority is cited. Different statutes and regulations can alter access to bond hearings and the standard of review.
- Whether the person has a compliance history. Prior court appearances and voluntary presentation to authorities can be powerful facts.
- Whether federal court intervention is feasible. Habeas cases move quickly, but they are technical, jurisdiction-dependent, and demanding on evidence.
In short, the Liam Conejo Ramos / Adrian Conejo Arias ruling underscores that detention is not immune from constitutional scrutiny. Successful emergency litigation typically requires fast evidence gathering, careful filing, and deep familiarity with federal court practice.
Attorney representation is critical. Habeas petitions, emergency motions, and detention challenges can fail on procedural grounds even when the equities are strong. Families should consult a qualified immigration attorney as early as possible, especially when detention involves a minor or when removal actions appear imminent.
Resources (official information and legal help)
- EOIR Immigration Court information: EOIR
- USCIS asylum information: USCIS Asylum
- AILA Lawyer Referral: AILA Find a Lawyer
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Consult a qualified immigration attorney for advice about your specific situation.
