Southern District of Texas • 1:25-cv-00300
Aguilar Montoya v. U.S. Immigration and Customs Enforcement (ICE)
Completed
Case Information
Filed: December 04, 2025
Assigned to:
Jose Rolando Olvera Jr.
Referred to:
Karen Betancourt
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: April 16, 2026
Last Activity:
July 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Dec 04, 2025
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Claudia Lucia Aguilar Montoya. (Attachments: # 1 Exhibit) (dlr1) (Entered: 12/04/2025)
#2
Dec 04, 2025
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (dlr1) (Entered: 12/04/2025)
Main Document:
Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#4
Dec 04, 2025
MOTION/APPLICATION to Proceed In Forma PauperisMotions referred to Karen Betancourt. by Claudia Lucia Aguilar Montoya, filed. Motion Docket Date 12/29/2025. (dlr1) (Entered: 12/04/2025)
Main Document:
Proceed In Forma Pauperis
#5
Dec 04, 2025
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 12/04/2025)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Dec 04, 2025
Referral Judge Selected
Dec 04, 2025
Referral Judge Selected: Magistrate Judge Karen Betancourt randomly selected to receive referrals. The District Judge has referred this case to the selected Magistrate Judge for all pretrial matters, pursuant to 28 U.S.C. 636(b). The parties may also consent to having the case assigned to the selected Magistrate Judge. (dlr1)
#6
Dec 05, 2025
ORDER REFERRING CASE to Magistrate Judge Karen Betancourt (Signed by Judge Rolando Olvera) Parties notified. (bav1) (Entered: 12/05/2025)
Main Document:
Referring Case to Magistrate Judge
#8
Dec 08, 2025
ORDER granting 4 MOTION/APPLICATION to Proceed In Forma Pauperis. To facilitate the progress of this petition, Respondents are ORDERED to show cause why the writ of habeas corpus should not be granted no later than January 7, 2026. (Show Cause Response due by 1/7/2026) (Signed by Magistrate Judge Karen Betancourt) Parties notified. (mp1) (Entered: 12/08/2025)
Main Document:
Order
#12
Dec 12, 2025
Certified Mail Receipt Returned, executed on 12/8/2025 re: 3 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (bav1) (Entered: 12/12/2025)
Main Document:
Certified Mail Receipt Returned
#13
Dec 15, 2025
NOTICE to the Court Regarding Post-Habeas Removal Actions and Petitioner's Mental Incapacity by Claudia Lucia Aguilar Montoya, filed. (Attachments: # 1 Supplemental Safety Report, # 2 Email to Congressman) (bav1) (Entered: 12/15/2025)
Main Document:
Other Notice
#14
Dec 16, 2025
Certified Mail Receipt Returned, executed on 12/10/2025 re: 7 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (sac1) (Entered: 12/16/2025)
Main Document:
Certified Mail Receipt Returned
#15
Dec 18, 2025
Certified Mail Receipt Returned, executed on 12/11/2025 re: 10 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (edg1) (Entered: 12/18/2025)
Main Document:
Certified Mail Receipt Returned
#16
Dec 29, 2025
Emergency Notice of Supplemental Facts from Ana Barbis Montoya, filed. (dar1) (Entered: 12/29/2025)
Main Document:
Letter
#17
Dec 29, 2025
Emergency Notice of Supplemental Facts from Ana Barbis Montoya, filed. (dar1) (Entered: 12/29/2025)
Main Document:
Letter
#18
Dec 29, 2025
Certified Mail Receipt Returned as to Nicholas Ganjei, executed on 12/11/2026 re: 9 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (hms1) (Entered: 12/29/2025)
Main Document:
Certified Mail Receipt Returned
#19
Dec 29, 2025
Second Emergency Follow-Up Notice of Supplemantal Facts re: 17 Letter by Claudia Lucia Aguilar Montoya, filed. (jrl1) (Entered: 12/29/2025)
Main Document:
Other Notice
#20
Jan 05, 2026
NOTICE of Supplemental Facts by Claudia Lucia Aguilar Montoya, filed. (jrl1) (Entered: 01/05/2026)
Main Document:
Other Notice
#21
Jan 05, 2026
NOTICE OF SUPPLEMENTAL EVIDENCE by Claudia Lucia Aguilar Montoya, filed. (Attachments: # 1 Unredacted attachment) (hms1) (Entered: 01/05/2026)
Main Document:
Other Notice
#22
Jan 07, 2026
NOTICE of Appearance by Alexander McDonough on behalf of U.S. Immigration and Customs Enforcement (ICE), filed. (McDonough, Alexander) (Entered: 01/07/2026)
Main Document:
Notice of Appearance
#23
Jan 07, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus and Motion for Summary Judgment, filed by U.S. Immigration and Customs Enforcement (ICE). (Attachments: # 1 Exhibit 1 Notice to Appear, # 2 Exhibit 2 Order) (McDonough, Alexander) (Entered: 01/07/2026)
#24
Jan 14, 2026
Mail Returned Unclaimed as to Claudia Lucia Aguilar Montoya re: 11 Document(s) Sent, filed. (bav1) (Entered: 01/14/2026)
Main Document:
Mail Returned Undeliverable
#25
Jan 23, 2026
NOTICE of Continued Detention and Deteriorating Mental Health, filed. (mp1) (Entered: 01/23/2026)
Main Document:
Other Notice
#26
Jan 30, 2026
MOTION to Expedite Consideration of Habeas Corpus PetitionMotions referred to Karen Betancourt. by Claudia Lucia Aguilar Montoya, filed. Motion Docket Date 2/20/2026. (Attachments: # 1 Exhibit) (dlr1) (Entered: 01/30/2026)
Main Document:
Expedite
#27
Jan 30, 2026
DECLARATION of Ana Barbis Montoya re: 1 Petition for Writ of Habeas Corpus, filed. (dlr1) (Entered: 01/30/2026)
Main Document:
Declaration
#28
Feb 13, 2026
Letter from Ana Barbis Montoya re: Emergency Status Notice Regarding Ongoing Medical and Mental Health Concerns of Plaintiff, filed. (bav1) (Entered: 02/13/2026)
Main Document:
Letter
#29
Feb 17, 2026
Emergency Motion to Stay Removal Pending Adjudication of Habeas Petition Motions referred to Karen Betancourt. by Ana Barbis Montoya, filed. Motion Docket Date 3/10/2026. (dar1) (Entered: 02/17/2026)
Main Document:
Stay
#30
Feb 27, 2026
Order entered by the Court. It is ORDERED that by March 13, 2026, the next friend representing Petitioner shallfile a Statement with the Court showing cause why Petitioner is incompetent under the law oftheir domicile.If no Statement is filed or if the Court determines that the Statement does not meet the requirements of Federal Rule of Civil Procedure 17, the Court may dismiss the case without prejudice.Submission Date 3/13/2026 (Signed by Magistrate Judge Karen Betancourt) Parties notified. (dar1) (Entered: 02/27/2026)
Main Document:
Order
#33
Mar 05, 2026
SUPPORTING DOCUMENTATION FOR RULE 17(c) Statement to 30 Order, by Ana Barbis Montoya, filed. (bav1) (Entered: 03/05/2026)
Main Document:
Supplement
#34
Mar 06, 2026
Certified Mail Receipt Returned, executed on 3/4/2026 re: 32 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (bav1) (Entered: 03/06/2026)
Main Document:
Certified Mail Receipt Returned
#35
Mar 12, 2026
Certified Mail Receipt Returned, executed on 03/06/2026 re: 32 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (dar1) (Entered: 03/12/2026)
Main Document:
Certified Mail Receipt Returned
#36
Mar 25, 2026
Notice of Emergency Medical Conditions, Prolonged Detention and Agency Non-Response by Ana Barbis Montoya, filed. (dar1) (Entered: 03/25/2026)
Main Document:
Other Notice
#37
Apr 02, 2026
REPORT AND RECOMMENDATIONTO DISMISS HABEAS PETITION re 29 MOTION to Stay, 26 MOTION to Expedite Consideration of Habeas Corpus Petition, 1 Petition for Writ of Habeas Corpus Objections to R&R due by 4/16/2026 (Signed by Magistrate Judge Karen Betancourt) Parties notified. (bav1) (Entered: 04/02/2026)
Main Document:
Report and Recommendations
#40
Apr 07, 2026
EMERGENCY MOTION to Stay Removal by Ana Barbis Montoya, filed. Motions referred to Karen Betancourt. Motion Docket Date 4/28/2026. (bav1) (Entered: 04/07/2026)
Main Document:
Stay
#41
Apr 07, 2026
EMERGENCY NOTICE Regarding Petitioner's Unknown Whereabouts by Ana Barbis Montoya, filed. (bav1) (Entered: 04/07/2026)
Main Document:
Other Notice
#42
Apr 07, 2026
PETITIOINER'S OBJECTIONS to 37 Report and Recommendations, filed by Ana Barbis Montoya. (Attachments: # 1 Unredacted attachment) (edg1) (Entered: 04/07/2026)
Main Document:
Objections
#43
Apr 08, 2026
MOTION for Temporary Restraining Order and Stay of Removal by Ana Barbis Montoya, filed. Motions referred to Karen Betancourt. Motion Docket Date 4/29/2026. (mp1) (Entered: 04/08/2026)
Main Document:
Temporary Restraining Order
#44
Apr 08, 2026
Certified Mail Receipt Returned, executed on 04/06/2026 re: 39 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (dar1) (Entered: 04/08/2026)
Main Document:
Certified Mail Receipt Returned
#45
Apr 13, 2026
Mail Returned Undeliverable as to Claudia Lucia Aguilar Montoya re: 39 Document(s) Sent, filed. (hms1) (Entered: 04/13/2026)
Main Document:
Mail Returned Undeliverable
#46
Apr 14, 2026
NOTICE to the Court of Petitioner's Removal, Objection to Process, and Request for Relief by Ana Barbis Montoya, filed. (dlr1) (Additional attachment(s) added on 4/14/2026: # 1 Exhibit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (dlr1). (Entered: 04/14/2026)
Main Document:
Other Notice
#47
Apr 14, 2026
SUPPLEMENTAL NOTICE of Additional Facts and Continued Request for Relief re: 46 Notice by Ana Barbis Montoya, filed. (dlr1) (Entered: 04/14/2026)
Main Document:
Supplement
#48
Apr 16, 2026
Order entered by the Court. Report and Recommendation 37 is hereby Adopted. Petition 1 is hereby denied and Respondents 23 is granted. Motion for Expedited Consideration 26 and Emergency to stay removal 42 are denied as moot. The Clerk of Court is Instructed to close this case.(Signed by Judge Rolando Olvera) Parties notified. (dar1) (Entered: 04/16/2026)
Main Document:
Order
#51
Apr 20, 2026
Certified Mail Receipt Returned re: 38 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (sac1) (Entered: 04/20/2026)
Main Document:
Certified
#52
Apr 27, 2026
Certified Mail Receipt Returned, executed on 4/22/2026 re: 49 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (sac1) (Entered: 04/27/2026)
Main Document:
Certified
#53
May 06, 2026
Mail Returned Undeliverable as to Claudia Lucia Aguilar Montoya re: 48 Order on Motion to Stay,, filed. (rad6) (Entered: 05/06/2026)
Main Document:
Mail Returned Undeliverable
#54
May 06, 2026
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 48 Order on Motion to Stay,,, by Claudia Lucia Aguilar Montoya, Ana Barbis Montoya, filed. (dlr1) (Entered: 05/06/2026)
Main Document:
Notice of Appeal
#55
May 06, 2026
MOTION/APPLICATION to Proceed In Forma Pauperis by Claudia Lucia Aguilar Montoya, filed. Motions referred to Karen Betancourt. Motion Docket Date 5/27/2026. (dlr1) (Entered: 05/06/2026)
Main Document:
Proceed In Forma Pauperis
#56
May 06, 2026
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 55 MOTION/APPLICATION to Proceed In Forma Pauperis, 54 Notice of Appeal. Fee status: Not Paid, filed. (Attachments: # 1 DKT-13) (dlr1) (Entered: 05/06/2026)
Main Document:
Clerks Notice of Filing of an Appeal (FORM,noticing) - Civil
May 06, 2026
Appeal Review Notes re: 54 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed. (dlr1)
May 06, 2026
Appeal Review Notes
May 11, 2026
USCA Case Number
#57
May 12, 2026
Certified Mail Receipt Returned
Main Document:
Certified Mail Receipt Returned
#58
May 12, 2026
Mail Returned Undeliverable
Main Document:
Mail Returned Undeliverable
#59
May 21, 2026
Notice of Non-Compliance (FORM, noticing) - Civil
Main Document:
Notice of Non-Compliance (FORM, noticing) - Civil
#60
Jun 23, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
Main Document:
Order on Motion for Leave to Proceed In Forma Pauperis
#63
Jun 30, 2026
Certified Mail Receipt Returned
Main Document:
Certified Mail Receipt Returned
Jun 30, 2026
Certified Mail Receipt Returned
Jul 01, 2026
Appeal Review Notes
#64
Jul 02, 2026
Mail Returned Undeliverable
Main Document:
Mail Returned Undeliverable
#65
Jul 07, 2026
Certified Mail Receipt Returned
Main Document:
Certified Mail Receipt Returned
#66
Jul 24, 2026
Appeal Transcript Request (DKT-13)
Main Document:
Appeal Transcript Request (DKT-13)
Parties
Aguilar Montoya
Party
U.S. Immigration and Customs Enforcement (ICE)
Party