Southern District of Texas • 4:26-cv-02643

Vargas v. Tate

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Case Information

Filed: April 01, 2026
Assigned to: Lee Hyman Rosenthal
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 01, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Milton Arevalo Vargas. (ndb3) (Entered: 04/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 01, 2026
MOTION/APPLICATION to Proceed In Forma Pauperis by Milton Arevalo Vargas, filed. Motion Docket Date 4/22/2026. (Attachments: # 1 Proposed Order) (ndb3) (Entered: 04/02/2026)
Main Document: Proceed In Forma Pauperis
#3
Apr 02, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (ndb3) (Entered: 04/02/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#4
Apr 02, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 04/02/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Apr 02, 2026
Referral Judge Selected
Apr 02, 2026
Referral Judge Selected: Magistrate Judge Dena Hanovice Palermo randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (ndb3)
#5
Apr 08, 2026
ORDER TO ANSWER Re: 1 . The proper respondent must file an answer or other appropriate responsive pleading within fourteen days after the date of service. The application to proceed without prepaying fees or costs is granted 2 . (Served electronically on USAO per MOU.) (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 04/08/2026)
Main Document: Answer
#6
Apr 09, 2026
CONSENT to Proceed Before a Magistrate Judge by Milton Arevalo Vargas, filed. (smg4) (Entered: 04/09/2026)
Main Document: Consent to Proceed Before a Magistrate Judge
#7
Apr 13, 2026
MOTION for Hearing, and MOTION for Temporary Restraining Order( Motion Docket Date 5/4/2026.) by Milton Arevalo Vargas, filed. (smg4) (Entered: 04/13/2026)
Main Document: Hearing AND Temporary Restraining Order
#8
Apr 13, 2026
MOTION for Temporary Restraining Order by Milton Arevalo Vargas, filed. Motion Docket Date 5/4/2026. (dah4) (Entered: 04/14/2026)
Main Document: Temporary Restraining Order
#9
Apr 21, 2026
ORDER denying 7 Motion for Hearing and MOTION for Temporary Restraining Order; denying 8 Motion for Temporary Restraining Order (Served electronically on USAO per MOU.) (Signed by Judge Lee H Rosenthal) Parties notified. (jm4) (Entered: 04/21/2026)
Main Document: ORDER
#10
Apr 23, 2026
MOTION for Extension of Time to Respond to Habeas Petition by U.S. Department of Homeland Security, filed. Motion Docket Date 5/14/2026. (Attachments: # 1 Proposed Order) (Sabin, Nicholas) (Entered: 04/23/2026)
Main Document: MOTION
#11
Apr 27, 2026
Letter from M. Vargas, filed. (dah4) (Entered: 04/27/2026)
Main Document: Letter
#12
Apr 28, 2026
ADVISORY by U.S. Department of Homeland Security, filed. (Sabin, Nicholas) (Entered: 04/28/2026)
Main Document: Advisory
#13
Apr 30, 2026
MOTION for Summary Judgment and Response to Habeas Petition by U.S. Department of Homeland Security, filed. Motion Docket Date 5/21/2026. (Attachments: # 1 Exhibit Removal Order, # 2 Exhibit Sworn Declaration) (Sabin, Nicholas) (Entered: 04/30/2026)
Main Document: Summary Judgment
#14
May 01, 2026
MOTION for Reconsideration of this Case, MOTION for Hearing ( Motion Docket Date 5/22/2026.) by Milton Arevalo Vargas, filed. (sew4) (Entered: 05/04/2026)
Main Document: Hearing AND Reconsideration
#15
May 11, 2026
Letter from Milton Vargas re: Due Process, filed. (bow4) (Entered: 05/12/2026)
Main Document: Letter
#16
May 22, 2026
Letter from Milton Vargas re: Notice of Removal and Request for Emergency Motion, filed. (mam2) (Entered: 05/26/2026)
Main Document: Letter
#17
May 22, 2026
NOTICE from Consulado General De Mexico by Milton Arevalo Vargas, filed. (mam2) (Entered: 05/26/2026)
Main Document: Other Notice
#18
May 26, 2026
ORDER. The court orders the government to file a response by 5/29/2026 that fully addresses the petitioner's allegation that he has not been provided proper notice and a meaningful opportunity to object to third-country removal to Mexico. Status Conference set for 6/1/2026 at 01:40 PM by video before Judge Lee H Rosenthal. The respondents must make Milton Arevalo Vargas available to appear at the hearing via Zoom. The respondents are ENJOINED from removing the petitioner, Milton Arevalo Vargas, from the Southern District of Texas until further order of the court. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 05/26/2026)
Main Document: Order
#19
May 29, 2026
RESPONSE to 18 Order,,, filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Declaration) (Sabin, Nicholas) (Entered: 05/29/2026)
Main Document: Response
#20
Jun 01, 2026
Minute Entry for STATUS CONFERENCE held before Hon. Lee H. Rosenthal on 6/1/2026. The respondents must provide the petitioner with a reasonable-fear interview and immigration judge review of any negative reasonable fear determination. The respondents must provide an update on the status of the case by 6/15/2026. Appearances: Milton Arevalo Vargas, Nicholas Sabin. (Court Reporter: M. Walker-Bailey) (gmh4) (Entered: 06/01/2026)
Jun 01, 2026
Status Conference
#21
Jun 05, 2026
ORDER. For the reasons stated on the record at the 6/1/2026 status conference, the respondents must provide the petitioner with a reasonable-fear interview and immigration judge review of any negative reasonable-fear determination. The respondents must provide an update on the status of the case by 6/15/2026. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 06/05/2026)
Main Document: Order
#22
Jun 11, 2026
Letter
Main Document: Letter
#23
Jun 11, 2026
Letter
Main Document: Letter
#24
Jun 15, 2026
Status Report
Main Document: Status Report
#25
Jun 22, 2026
Advisory
Main Document: Advisory
#26
Jul 02, 2026
Letter
Main Document: Letter
#27
Jul 21, 2026
Letter
Main Document: Letter
#28
Jul 30, 2026
Letter
Main Document: Letter
#29
Aug 05, 2026
Exhibits
Main Document: Exhibits
#30
Aug 28, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#32
Oct 21, 2026
Other Notice
Main Document: Other Notice
#33
Oct 21, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief

Parties

Tate
Party
Vargas
Party