Southern District of Texas • 4:25-cv-05577

#1

Nov 19, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-34543868) filed by JEREMIAS GARCIA DE LA CRUZ. (Attachments: # 1 Unredacted attachment ICE Online Detainee Locator System at 735pm 19 Nov 2025, # 2 Restricted Attachment Notice to Appear, # 3 Restricted Attachment Form I200 10 Nov 2025, # 4 Restricted Attachment Form I200 11 Nov 2025, # 5 Restricted Attachment Spouse Medical Condition, # 6 Unredacted attachment 8 July 2025 Memo of Acting ICE Director, # 7 Complaint Motion for Temporary Restraining Order) (Donahue, Timothy) (Entered: 11/19/2025)

#2

Nov 19, 2025

Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 11/19/2025)

#3

Nov 20, 2025

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bsg4) (Entered: 11/20/2025)

Nov 20, 2025

Referral Judge Selected

Nov 20, 2025

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. (bsg4)

#4

Nov 28, 2025

Order

#9

Dec 04, 2025

Certified Mail Receipt Returned

#10

Dec 05, 2025

Certified Mail Receipt Returned

Dec 08, 2025

Delivery Confirmation

#11

Dec 11, 2025

Certified Mail Receipt Returned

#12

Dec 11, 2025

Certified Mail Receipt Returned

#13

Dec 29, 2025

Response

#14

Jan 12, 2026

Notice of Attorney Substitution

#15

Jan 17, 2026

Reply

#16

Jan 21, 2026

Notice of Attorney Substitution

#17

Jan 21, 2026

Document

#18

Feb 05, 2026

MEMORANDUM OPINION AND ORDER - Petitioner argues that the change in Department of Homeland Security detention policy without a notice and comment period violates the APA. In other words, a plaintiff is only entitled to relief under the APA when t here is no other remedy available. Because Petitioner is able to challenge his detention by filing a writ of habeas corpus, he is not entitled to relief under the APA. Petitioner argues that if 8 U.S.C. § 1252 stripped this court of jurisdicti on over his Petition for Habeas Corpus, it would violate the Suspension Clause as applied to Petitioner. But § 1252 does not strip this court of jurisdiction over this petition because Petitioner is challenging the lawfulness of his continued detention during the pendency of his removal proceedings. The court therefore does not need to address Petitioner's Suspension Clause claim. For the reason explained above, Respondents' 13 Response/Motion for Summary Judgment is GRANTED, and Petitioner's 1 Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 is DENIED. The court will enter a final judgment in favor of Respondents. (Signed by Judge Sim Lake) Parties notified. (sra4)

#19

Feb 05, 2026

FINAL JUDGMENT - In accordance with the court's Memorandum Opinion and Order granting Respondents' Motion for Summary Judgment, this action is DISMISSED WITH PREJUDICE. Costs will be taxed against the Petitioner...** Case terminated on 2/5/26. (Signed by Judge Sim Lake) Parties notified. (sra4)