Completed
Case Information
Filed: January 13, 2026
Assigned to:
Rebecca Beach Smith
Referred to:
Lawrence Richard Leonard
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: May 07, 2026
Last Activity:
May 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 13, 2026
PETITION, filed for Writ of Habeas Corpus (Filing fee $ 0.00.), filed by David Alberto Portilla Zambrano. (Attachments: # 1 Envelope) (jmey) Modified on 1/21/2026 to note filed re 5 Order. (jmey) (Entered: 01/13/2026)
Main Document:
PETITION,
#2
Jan 13, 2026
MOTION for Leave to Proceed in forma pauperis by David Alberto Portilla Zambrano. (jmey) (Entered: 01/13/2026)
Main Document:
MOTION
#3
Jan 13, 2026
Acknowledgment of Receipt. (jmey) (Entered: 01/13/2026)
Main Document:
Acknowledgment
#4
Jan 20, 2026
REFERRAL ORDER. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), this matter is hereby REFERRED to United States Magistrate Judge Lawrence R. Leonard for further proceedings. The Clerk is DIRECTED to send a copy of this Referral Order to Petitioner. Signed by District Judge Rebecca Beach Smith on 1/20/2029. Copies mailed 1/20/2026. (jmey) (Entered: 01/20/2026)
Main Document:
REFERRAL
#5
Jan 21, 2026
ORDER. It is ORDERED that the Court finds it appropriate to merge cases 2:25cv806 and 2:26cv42 under the primary case number 2:26cv42. Accordingly, the Clerk is DIRECTED to file the Petition in Case No. 2:25cv806 as a supplement to the Petition in Case No. 2:26cv42. It is ORDERED that the Petition be filed. Petitioner's 2 Motion for Leave to Proceed in Forma Pauperis is DISMISSED as MOOT. The Clerk is DIRECTED forward a copy of this Order to Petitioner. Signed by Magistrate Judge Lawrence R. Leonard on 1/21/2026. Copies mailed 1/21/2026. (jmey) (Entered: 01/21/2026)
Main Document:
ORDER.
#6
Jan 21, 2026
Supplement to 1 Petition for Writ of Habeas Corpus (2241) by David Alberto Portilla Zambrano. (jmey) (Entered: 01/21/2026)
Main Document:
Supplement
#7
Jan 21, 2026
ORDER. It is hereby ORDERED that: Petitioner IS NOT to be removed or transferred from this District for any reason without this Court's permission; on or before 5:00 p.m. on January 27, 2026, the Respondent must SHOW CAUSE as to why the Petition should not be granted; and that if the Respondent files an opposition to the Petition in response to the Order to Show Cause, Petitioner shall file any further reply in support of the Petition on or before February 3, 2026. Signed by Magistrate Judge Lawrence R. Leonard on 1/21/2026. Copies mailed 1/21/2026. (jmey) (Entered: 01/21/2026)
Main Document:
ORDER.
#8
Jan 26, 2026
NOTICE of Appearance by Robert Jacob Schmidt on behalf of Russell Hott (Schmidt, Robert) (Entered: 01/26/2026)
Main Document:
NOTICE
#10
Jan 26, 2026
Mail Returned as Undeliverable. Mail sent to David Albtero Portilla Zambrano re 3 . (jmey) (Entered: 01/28/2026)
Main Document:
Mail
#9
Jan 27, 2026
Opposition to 6 Amended Document, 1 Petition for Writ of Habeas Corpus (2241) filed by Russell Hott. (Attachments: # 1 Exhibit Declaration of Charles M. Byrne)(Schmidt, Robert) (Entered: 01/27/2026)
Main Document:
Opposition
#11
Feb 06, 2026
Mail Returned as Undeliverable. Mail sent to David Albtero Portilla Zambrano re 4 . (jmey) (Entered: 02/10/2026)
Main Document:
Mail
#12
Feb 13, 2026
Mail Returned as Undeliverable. Mail sent to David Albtero Portilla Zambrano re 5 and 7 . (jmey) (Entered: 02/13/2026)
Main Document:
Mail
#13
Feb 18, 2026
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus (2241) filed by David Alberto Portilla Zambrano. Objections to R&R Deadline 3/4/2026. Signed by Magistrate Judge Lawrence R. Leonard on 2/18/2026. Copies mailed 2/18/2026. (jmey) (Entered: 02/18/2026)
Main Document:
REPORT
#14
Mar 05, 2026
Mail Returned as Undeliverable. Mail sent to David Albtero Portilla Zambrano re 13 . (jmey) (Entered: 03/05/2026)
Main Document:
Mail
#15
Mar 06, 2026
CORRECTION ORDER. The Clerk is DIRECTED to re-mail all filings that have been returned as undeliverable in this case, ECF Nos. 3, 4, 5, 7, and 13, as well as a copy of Respondent's Opposition, ECF No. 9, to Petitioner. Signed by District Judge Rebecca Beach Smith on 3/6/2026. Copies mailed 3/9/2026. (jmey) (Entered: 03/06/2026)
Main Document:
CORRECTION
#16
Mar 30, 2026
Petitioner's Traverse to Respondents filed by David Alberto Portilla Zambrano. (Attachments: # 1 Envelope) (jmey) (Entered: 03/30/2026)
Main Document:
Petitioner's
#17
Mar 31, 2026
MOTION to Accept Late Filing by David Alberto Portilla Zambrano. (Attachments: # 1 Envelope) (jmey) (Entered: 04/01/2026)
Main Document:
MOTION
#18
Mar 31, 2026
Reply to 9 Opposition filed by David Alberto Portilla Zambrano. (jmey) (Entered: 04/01/2026)
Main Document:
Reply
#19
Apr 02, 2026
ORDER. The court FINDS that Petitioner has shown good cause for an extension of time. The Court GRANTS 17 Motion to Accept Late Filing and DIRECTS the Clerk is file Petitioner's 18 Reply. Respondent's may file a response to 18 within fourteen (14) days of entry of this Order. The Clerk is also DIRECTED to forward a copy of this Order to Petitioner and to counsel for Respondents. Signed by District Judge Rebecca Beach Smith on 4/2/2026. Copies mailed 4/2/2206. (jmey) (Entered: 04/02/2026)
Main Document:
ORDER.
#20
Apr 27, 2026
MOTION to Expedite by David Alberto Portilla Zambrano. (Attachments: # 1 Envelope) (jmey) (Entered: 04/29/2026)
Main Document:
MOTION
#21
May 07, 2026
FINAL ORDER. The court finds that Petitioner is an applicant for admission under 8 U.S.C. § 1225(a), is subject to mandatory detention under 8 U.S.C. § 1225(b) (2) and is not entitled to a bond hearing. Accordingly, the Magistrate Judge's R&R 13 is respectfully REJECTED, the Petition for a Writ of Habeas Corpus, ECF 1 is DENIED. The non-removal Order previously entered on January 21, 2026, E 7 is hereby VACATED. Given the disposition in this Final Order, the submission 20 is MOOT. A certificate of appealability is DENIED. The Clerk is DIRECTED to forward a copy of this Final Order to Petitioner, to counsel for Respondents, and to Marielbys Roxana Perez Nieves. The Clerk shall close the above-captioned cases on this court's docket. Signed by District Judge Rebecca Beach Smith on 5/7/2026. Copies mailed 5/7/2026. (Vpea) (Entered: 05/07/2026)
#22
May 07, 2026
CLERK'S JUDGMENT. Signed by Clerk on 5/7/2026. (Vpea) (Entered: 05/07/2026)
Main Document:
CLERK'S
#23
May 26, 2026
Mail Returned as Undeliverable. Mail sent to David Albtero Portilla Zambrano re 3, 4, 5, 7 and 9 . (jmey) (Entered: 05/27/2026)
Main Document:
Mail