Northern District of Texas • 6:25-cv-00090

#1

Nov 09, 2025

PETITION for Writ of Habeas Corpus filed by Ubaldo Hererra-Hernandez. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number ATXNDC-15973013) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Declaration(s), # 2 Proposed Order, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Cover Sheet) (Cordobes, Sean) (Attachment 6 replaced after flattening on 11/10/2025) (grl). (Entered: 11/09/2025)

#2

Nov 10, 2025

New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) (grl) (Entered: 11/10/2025)

#3

Nov 10, 2025

ORDER TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE. Before the Court is the petitioner's petition for a writ of habeas corpus and complaint for declaratory and injunctive relief. Dkt. No. 1 . To the extent the petitioner seeks emergency relief in the form of a temporary restraining order (Dkt. No. 1-2), he must move for such relief in a separate motion. The respondents are ordered to file an answer that shows cause why the petitioner's writ and-if appropriately filed-motion for a temporary restraining order should not be granted by no later than December 1, 2025. The petitioner may file a reply to the respondents' answer by no later than December 15, 2025. In addition, the respondents are ordered to file, by no later than 5:00 p.m. CT on November 11, 2025, a notice addressing whether the government will commit not to remove the petitioner pending the Court's resolution of the petitioner's habeas petition (Dkt. No. 1). Service of this Order, as well as the petition and its attachments (Dkt. No. 1), shall be made by the petitioner on the Acting United States Attorney for the Northern District of Texas, Nancy Larson, by 5:00 p.m. CT on November 10, 2025, which shall constitute good and sufficient service on the respondents. The clerk has served this order and will regenerate notice of the petition and supporting documents to the designated Assistant US Attorney. Ann Cruce-Haag-DOJ, Brian Walters Stoltz-DOJ for Pamela J. Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez added. (Ordered by Judge James Wesley Hendrix on 11/10/2025) (grl) Modified docket text on 11/10/2025 (grl). (Entered: 11/10/2025)

#4

Nov 10, 2025

NOTICE of compliance with order re: 3 Order to Show Cause and Setting Briefing Schedule filed by Pamela J. Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez (Cruce-Haag-DOJ, Ann) Modified docket text on 11/12/2025 (grl). (Entered: 11/10/2025)

#5

Nov 12, 2025

First MOTION for Protective Order Consistent with Order to Show Cause filed by Ubaldo Hererra-Hernandez with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) Certificate of Conference, # 2 Proposed Order Protective Relief) (Cordobes, Sean) (Entered: 11/12/2025)

#6

Nov 12, 2025

CERTIFICATE OF SERVICE by Ubaldo Hererra-Hernandez re 1 Petition for Writ of Habeas Corpus, Docketed Service Instruction (Cordobes, Sean) (Entered: 11/12/2025)

#7

Nov 19, 2025

ORDER. Before the Court is Ubaldo Hererra-Hernandez's motion for interim protective relief. Dkt. No. 5 . The Court construes the motion as a motion for a temporary restraining order. In light of the above facts and authorities, the Court denies Hererra- Hernandez's motion for a TRO (Dkt. No. 5). He fails to carry his burden to show a significant likelihood of success on the merits. Hererra-Hernandez's habeas petition (Dkt. No. 1 ) remains pending. (Ordered by Judge James Wesley Hendrix on 11/19/2025) (grl) (Entered: 11/19/2025)

#8

Dec 01, 2025

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pamela J. Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez. (Clerk QC note: No affiliate entered in ECF). (Cruce-Haag-DOJ, Ann) (Entered: 12/01/2025)

#9

Dec 01, 2025

RESPONSE filed by Pamela J. Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez re: 3 Order to Show Cause and Setting Briefing Schedule (Cruce-Haag-DOJ, Ann) Modified docket text on 12/2/2025 (grl). (Entered: 12/01/2025)

#10

Dec 01, 2025

Appendix in Support filed by Pamela J. Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez re 9 Response/Objection (Cruce-Haag-DOJ, Ann) (Entered: 12/01/2025)

#11

Dec 15, 2025

REPLY filed by Ubaldo Hererra-Hernandez re: 3 Order to Show Cause and Setting Briefing Schedule (Cordobes, Sean) (Entered: 12/15/2025)

#12

Dec 15, 2025

REPLY (Certificate of Service) filed by Ubaldo Hererra-Hernandez re: 3 Order to Show Cause and Setting Briefing Schedule (Cordobes, Sean) Modified docket text on 12/16/2025 (grl). (Entered: 12/15/2025)

#13

Feb 11, 2026

ORDER. The Court therefore orders the respondents to address the following: (1) the impact, if any, of Hererra-Hernandez's Form 1-130; (2) the impact, if any, of Hererra-Hernandez's detention past the priority date; (3) Hererra-Hernandez's request that he not be removed pending the resolution of his visa application or, in the alternative, that his Form 1-130 not be revoked in case of removal (Dkt. No. 1 at 8); (4) whether the supplemental NTA is evidence that Hererra-Hernandez is an admitted alien; and (5) if he is an admitted alien, whether he is subject to mandatory detention under Section 1225(b)(2)(A) or another provision. The respondents must file their answer on or before March 3, 2026. Herrera-Hernandez may file a reply on or before March 17, 2026. (Ordered by Judge James Wesley Hendrix on 2/11/2026) (ada) (Entered: 02/11/2026)

#14

Mar 03, 2026

SUPPLEMENTAL RESPONSE filed by Pamela J Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez re: 13 Order (Cruce-Haag-DOJ, Ann) Modified on 3/3/2026 (ada). (Entered: 03/03/2026)

#15

Mar 17, 2026

REPLY filed by Ubaldo Hererra-Hernandez re: 13 Order Setting Deadline/Hearing,,, (Attachments: # 1 Affidavit(s) Certificate of Service) (Cordobes, Sean) (Entered: 03/17/2026)

#16

Apr 28, 2026

ORDER. Hererra-Hernandez, as an "applicant for admission", is properly detained without bond under Section 1225(b)(2)(A). Nothing about the INA or the Due Process Clause requires a contrary conclusion. And he is not entitled to a stay of removal. The Court recognizes the high esteem Hererra-Hernandez's citizen-neighbors and parishioners hold in him. But, again, the Court's role is solely to determine what the law requires. And the law does not require Hererra-Hernandez's release, a bond hearing, or a stay of removal. Thus, the petition (Dkt. No. 1 ) is denied. (Ordered by Judge James Wesley Hendrix on 4/28/2026) (kmr) (Entered: 04/28/2026)

#17

Apr 28, 2026

FINAL JUDGMENT. For the reasons stated in the Court's Order (Dkt. No. 16 ), it is ordered, adjudged, and decreed that the petition for a writ of habeas corpus (Dkt. No. 1 ) is denied with prejudice. The Clerk of the Court is directed to close the case. (Ordered by Judge James Wesley Hendrix on 4/28/2026) (kmr) (Entered: 04/28/2026)

#18

May 25, 2026

MOTION to Alter or MOTION Amend Judgment Under FRCP 59(e) filed by Ubaldo Hererra-Hernandez with Brief/Memorandum in Support. (Cordobes, Sean) Modified on 5/26/2026 to correct title and motions. (ada) (Entered: 05/25/2026)

#19

Jun 15, 2026

RESPONSE filed by Pamela J Bondi, Joshua Johnson, Kristi Noem, Phillip Valdez re: 18 MOTION to Alter JudgmentMOTION to Amend/Correct (Stoltz-DOJ, Brian) (Entered: 06/15/2026)

#20

Jun 22, 2026

REPLY filed by Ubaldo Hererra-Hernandez re: 18 MOTION to Alter JudgmentMOTION to Amend/Correct (Cordobes, Sean) (Entered: 06/22/2026)

#21

Jul 03, 2026

MOTION EMERGENCY MOTION TO CONSIDER INTERVENING CONTROLLING AUTHORITY AND FOR PROMPT RELIEF ON PENDING RULE 59(e) MOTION re 20 Reply, 1 Petition for Writ of Habeas Corpus,,,, 18 MOTION to Alter JudgmentMOTION to Amend/Correct, 16 Order of Dismissal or Administrative Closure,, 15 Reply filed by Ubaldo Hererra-Hernandez (Attachments: # 1 Proposed Order) (Cordobes, Sean). (Entered: 07/03/2026)

#22

Jul 07, 2026

***VACATED - Per Order 23 *** ORDER. The motion to expedite (Dkt. No. 21 ) is granted to the extent it seeks expedited review of the motion. The Court orders supplemental briefing to address Sosnava Rodriguez's effect and application here. The respondents shall file their supplemental brief on or before July 21, 2026. The respondents must file with their brief all records relevant to the resolution of the petitioner's habeas petition. The petitioner may file a response to the respondents' supplemental brief by no later than July 28, 2026. The Court reserves ruling on the other forms of relief sought in the motion to alter (Dkt. No. 18 ) and the motion to expedite (Dkt. No. 21 ) until after briefing concludes. The Court expects to issue an order resolving the petition no later than August 4, 2026. (Ordered by Judge James Wesley Hendrix on 7/7/2026) (kmr) Modified on 7/13/2026 to vacate (kmr). (Entered: 07/07/2026)

#23

Jul 13, 2026

ORDER. The Court recently granted the petitioner's motion to expedite (Dkt. No. 21 ). The order for supplemental briefing (Dkt. No. 22 ) is vacated. Pursuant to the order, the Court will resolve this matter on an expedited basis and expects to issue a decision in the near future. (Ordered by Judge James Wesley Hendrix on 7/13/2026) (kmr) (Entered: 07/13/2026)

#24

Jul 27, 2026

MOTION to Expedite (), MOTION for Leave to File Evidence filed by Ubaldo Hererra-Hernandez (Attachments: # 1 Proposed Order For Leave to File Evidence) (Cordobes, Sean) (Entered: 07/27/2026)

#25

Aug 04, 2026

ORDER. The Court grants Hererra-Hernandez's motion to supplement (Dkt. No. 24 ) and thus considers the additional factual allegations raised in that motion. The Court denies Hererra-Hernandez's motion to alter or amend. Dkt. No. 18 . As noted in the Court's final judgment, the denial of habeas relief is with prejudice. Dkt. No. 17 . **Clerk's Note: Kelly Strong replaced Phillip Valdez as the Warden of Eden Detention Center in July 2026. Thus, she is automatically substituted as a party to this action. Phillip Valdez terminated. (Ordered by Judge James Wesley Hendrix on 8/4/2026) (kmr) (Entered: 08/04/2026)