Southern District of Texas • 5:26-cv-01126

Escalante Diaz v. Perez

Completed

Case Information

Filed: June 22, 2026
Assigned to: Diana Saldana
Referred to: Brian C. Bajew
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 24, 2026
Last Activity: July 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 22, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Margarita Escalante Diaz. (Attachments: # 1 Attachments) (jb5) (Entered: 06/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 22, 2026
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (jb5) (Entered: 06/22/2026)
Main Document: Clerks Notice re Consent to Jurisdiction of Magistrate Judge (FORM, noticing)
#3
Jun 22, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge Diana Saldana) Parties notified. (jb5) (Entered: 06/22/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#4
Jun 22, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 06/22/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#5
Jun 22, 2026
MOTION to Appear Pro Hac Vice for Ralph E. Guderian, Esq (Fee Paid: $100, receipt number: 500002251) by Margarita Escalante Diaz, filed. Motions referred to Brian C Bajew. Motion Docket Date 7/13/2026. (tat5) Modified on 6/22/2026 (tat5). (Entered: 06/22/2026)
Main Document: Appear Pro Hac Vice
#6
Jun 22, 2026
ORDER Respondents are hereby ORDERED to show cause and submit a response to the 1 habeas petition, and serve it on Petitioner no later than June 29, 2026. (Served electronically on USAO per MOU.) (Signed by Judge Diana Saldana) Parties notified. (ges5) Modified on 6/22/2026 (ges5). (Entered: 06/22/2026)
Main Document: Order
Jun 22, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500002249, filed. (eg5)
Jun 22, 2026
Referral Judge Selected: Magistrate Judge Brian C. Bajew randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (jb5)
Jun 22, 2026
Referral Judge Selected
Jun 22, 2026
Filing Fee Received
#8
Jun 29, 2026
Opposed MOTION to Intervene by Orlando Perez, filed. Motions referred to Brian C Bajew. Motion Docket Date 7/20/2026. (Attachments: # 1 Proposed Order) (Bastian, Christopher) (Entered: 06/29/2026)
Main Document: Intervene
#9
Jun 29, 2026
MOTION for Summary Judgment RESPONSE TO THE PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR SUMMARY JUDGMENT by Orlando Perez, filed. Motions referred to Brian C Bajew. Motion Docket Date 7/20/2026. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit) (Bastian, Christopher) (Entered: 06/29/2026)
Main Document: Summary Judgment
#10
Jun 29, 2026
ORDER granting 8 Motion to Intervene.(Signed by Magistrate Judge Brian C Bajew) Parties notified. (bnb6) (Entered: 06/29/2026)
Main Document: Order on Motion to Intervene
#12
Jul 01, 2026
ORDER granting 5 Motion for Ralph E Guderian to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Magistrate Judge Brian C Bajew) Parties notified. (rad6) (Entered: 07/01/2026)
Main Document: Order on Motion to Appear Pro Hac Vice
#13
Jul 06, 2026
Mail Returned Undeliverable as to Margarita Escalante Diaz re: 2 Clerks Notice re Consent to Jurisdiction of Magistrate Judge, filed. (An updated address was not found.) (sew4) (Entered: 07/06/2026)
Main Document: Mail Returned Undeliverable
#14
Jul 06, 2026
ORDER. In light of the Fifth Circuits recent decision, the Court ORDERS Intervenor to file supplemental briefing by July 10, 2026, addressing what effect, if any, Sosnava Rodriguez has on each of the claims raised in Petitioners habeas petition. Petitioner is ORDERED to file a reply to Intervenors briefing on or before July 15, 2026. Brief due by 7/10/2026 Replies due by 7/15/2026 (Signed by Judge Diana Saldana) Parties notified. (egg5) (Entered: 07/06/2026)
Main Document: Order
#15
Jul 10, 2026
ADVISORY by United States of America, filed. (Bastian, Christopher) (Entered: 07/10/2026)
Main Document: Advisory
#16
Jul 13, 2026
ORDER. Petitioners Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED. Intervenors Motion for Summary Judgment, (Dkt. 9), is DENIED. All previous deadlines are hereby TERMINATED. Intervenor is ORDERED to RELEASE Petitioner from custody immediately, under reasonable conditions of release, and to submit a status report to the Court confirming Petitioner's release within 24 hours of the date of this Order. (Signed by Judge Diana Saldana) Parties notified. (bnb6) (Entered: 07/13/2026)
Main Document: Order
#17
Jul 14, 2026
ADVISORY by United States of America, filed. (Attachments: # 1 Exhibit) (Bastian, Christopher) (Entered: 07/14/2026)
Main Document: Advisory
#18
Jul 24, 2026
FINAL JUDGMENT. Case terminated on 7/24/2026 (Signed by Judge Diana Saldana) Parties notified. (bnb6) (Entered: 07/24/2026)
Main Document: Judgment - Final

Parties

Escalante Diaz
Party
Perez
Party