Judge orders release of Army reservist’s wife after hearing in immigration detention case

HOUSTON - A case that started with a routine check-in and months of waiting took a major turn Monday.

Attorney Javier Rivera says a federal judge ordered Stephanie Kenny-Velasquez released within 48 hours after hearing arguments from both sides and agreeing with his position that the government violated her due process rights by redetaining her. 

That marks a major development in a case FOX 26 first reported on last week, when Christopher Busby said his wife never came home after a scheduled check-in with immigration officials in December 2025. FOX 26’s original story said ICE records showed Stephanie was being held at the Houston Contract Detention Facility.

The backstory:

Stephanie is a 25-year-old woman from Venezuela who, according to her attorney, came to the United States in 2021 and had a pending asylum case when she was detained.

Christopher has said Stephanie was initially taken to Conroe before later being held at the Houston Contract Detention Facility. FOX 26’s original story cited ICE records listing her there.

Before Monday’s ruling, Rivera said Stephanie had a federal hearing set for March 30 tied to a habeas challenge over her detention, while USCIS had also scheduled an interview connected to a family petition filed through Christopher.

On Monday, Rivera said the judge ordered her release within 48 hours.

What changed Monday

On Monday, Rivera said the judge ordered her release within 48 hours. Rivera says the ruling means Stephanie should now be released within 48 hours and allowed to continue her immigration case outside detention. He described the decision as validation from federal court.

Christopher, an Army reservist and Black Hawk pilot, called the moment overwhelming.

"I’m just happy to see Steph," Christopher said. "We finally got a win."

Christopher also said the next step is to wait for notice, then go pick Stephanie up. He said the first thing she wants to do when she gets out is go to church, then get food.

How the case got here

Christopher previously told FOX 26 that Stephanie went to a scheduled check-in in December 2025 and never came back out. He said she had been given two check-ins that year — one in September and another on Dec. 5 — and he knew something was wrong when what should have been a short appointment stretched well beyond two hours.

At one point, Christopher said he started a timer.

He said that timer never stopped.

"For the first time in my life, I heard Stephanie scream," Christopher said, describing the phone call he got while waiting outside.

Before Monday’s hearing, Rivera said Stephanie had a pending asylum case, had been checking in yearly, and had complied with the terms of her release before she was detained again. He also said immigration officials had previously reviewed her background and believed she would appear for future hearings and did not pose a danger.

A love story interrupted

Christopher has described Stephanie as someone who was building a life while waiting for her case to move forward.

He said the two met in Austin at a luxury car wash, started dating, and were inseparable after their second date. He said they met in March 2025 and got married that December.

He also described Stephanie as someone who "does everything right," saying she paid her taxes on time and even had a higher credit score than he did.

In the meantime, Stephanie was also building a future here. She was studying for her real estate exam and was scheduled to take it just days after the appointment that led to her detention.

Christopher's perspective

Christopher has said the months since Stephanie’s detention changed almost everything for him.

He said he stopped flying because he did not believe he was in the right mindset for something that important while Stephanie remained in custody. He also said he had not slept in a bed since she was detained because he could not feel comfortable knowing she was not comfortable.

He said the hardest part was hearing what Stephanie was going through inside detention. Christopher said she complained about pain in her back, head and stomach, and said she had lost a significant amount of weight while in custody. At one point, he said she had already lost 14 pounds after roughly a month and a half in detention.

What her attorney says

Rivera has said Stephanie’s case stood out for more than one reason.

He said she had been complying with yearly check-ins and was the spouse of a U.S. service member, which he said made the detention especially troubling.

He also said the legal strategy does not stop with Monday’s hearing. Even with a release order, he and Christopher both said they plan to keep pursuing all available immigration options.

That includes something called parole in place.

How asylum works

Dig deeper:

Asylum is different from Temporary Protected Status, or TPS.

U.S. immigration law allows people who are physically present in the United States to apply for asylum if they fear persecution in their home country. People may apply affirmatively through USCIS if they are not already in removal proceedings, or defensively in immigration court if they are already in proceedings. In both situations, the application is filed on Form I-589.

In Stephanie’s case, her attorney says she came to the United States from Venezuela in 2021, revealed herself to immigration authorities, and was released while her case moved forward. He says she later continued checking in as required and had a pending asylum case at the time she was detained.

That means Stephanie was not at the end of the process. Her case was still pending when she was taken back into custody, according to her attorney. In the meantime, she was building a life in the United States. She met Christopher, married him in 2025, and had been studying for her real estate exam. She was scheduled to take that exam just days after her appointment.

Questions remain

What we don't know:

It is still unclear exactly why Stephanie was detained during that specific December check-in after previously being allowed to remain out of custody. Rivera has argued there were no changed circumstances or allegations that she violated her release conditions.

It is also still unclear whether the government will take any further steps in response to Monday’s release order, or what the exact timing of Stephanie’s pickup will be beyond the 48-hour window Rivera described.

The Executive Office for Immigration Review, which oversees immigration courts, says it does not comment on cases before the agency.

What's next:

Rivera and Christopher both say the legal fight is not over just because the judge ordered Stephanie released.

Christopher said they still plan to pursue "all avenues of relief" with USCIS, including military parole in place, but with less urgency once she is no longer in custody. Rivera described parole in place as part of the background work they can continue while Stephanie’s case proceeds in a non-detained setting.