Sosnava Rodriguez v. Ortega

Case: 26-50183 Document: 174-1 Page: 1 Date Filed: 07/10/2026

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit

No. 26-50183 FILED July 10, 2026 _____________ Lyle W. Cayce Ignacio Sosnava Rodriguez, Clerk

Petitioner—Appellee, versus Sylvester M. Ortega, in his official capacity as Director of the San Antonio Field Office of ICEs Enforcement and Removal Operations; Markwayne Mullin, Secretary, U.S. Department of Homeland Security; Todd Wallace Blanche, Acting U.S. Attorney General; Department of Homeland Security; DOJ Executive Office For Immigration Review, Respondents—Appellants, consolidated with _____________ 26-50219 _____________ Alejandro Villegas Angel Petitioner—Appellee, versus Markwayne Mullin, Secreatary, U.S. Department of Homeland Security; Todd Wallace Blanche, Acting U.S. Attorney General; Miguel Vergara, San Antonio Field Office Director for Enforcement and Case: 26-50183 Document: 174-1 Page: 2 Date Filed: 07/10/2026 No. 26-50183 c/w Nos. 26-50219, 26-50221

Removal; United States Department of Homeland Security; United States Immigration and Customs Enforcement; Executive Office for Immigration Review, Office of the General Counsel, Respondents—Appellants, consolidated with _____________ 26-50221 _____________ Miguel Angel Gomez Alvarado, Petitioner—Appellee, versus Miguel Vergara, in his official capacity as the Acting Director of San Antonio Field Office for U.S. Immigration and Customs Enforcement; Todd Lyons, in his capacity as the Acting Director for the U.S. Immigration and Customs Enforcement; Markwayne Mullin, Secretary, U.S. Department of Homeland Security, Respondents—Appellants. ________________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 1:26-CV-273, 1:26-CV-384, 1:26-CV-309 ________________________________

Case: 26-50183 Document: 174-1 Page: 3 Date Filed: 07/10/2026 No. 26-50183 c/w Nos. 26-50219, 26-50221

ON PETITION FOR REHEARING EN BANC (Opinion July 02, 2026, 5 Cir., 2026 WL 1906557) Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges.

Per Curiam: A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated July 02, 2026, is VACATED.