Western District of Texas • 5:26-cv-04307

Avila Acosta v. Attorney General of the United States

Completed

Case Information

Filed: July 08, 2026
Assigned to: Xavier Rodriguez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 21, 2026
Last Activity: July 21, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 08, 2026
Petition for Writ of Habeas Corpus (Filing Fee $5 DUE, filed by Luis Avila Acosta.(r013) Modified on 7/13/2026 To edit text (bc). (Entered: 07/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 08, 2026
PRO SE MOTION to Proceed in forma pauperis by Luis Avila Acosta. (bc) (Entered: 07/13/2026)
Main Document: Proceed In Forma Pauperis
#3
Jul 08, 2026
PRO SE MOTION to Expedite by Luis Avila Acosta. (bc) (Entered: 07/13/2026)
Main Document: Expedite
#4
Jul 08, 2026
Case Opening Letter mailed to Luis Avila Acosta. (bc) (Entered: 07/13/2026)
Main Document: Case Opening Letter
Jul 08, 2026
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ (bc)
Jul 08, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Stephenson (bc)
Jul 13, 2026
Order on Motion to Expedite
Jul 13, 2026
Text Order DENYING 3 Motion to Expedite entered by Judge Xavier Rodriguez. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. (This is a text-only entry generated by the court. There is no document associated with this entry.) (TMlc)
Jul 13, 2026
Text Order GRANTING 2 Motion for Leave to Proceed in forma pauperis entered by Judge Xavier Rodriguez. The Court may waive the initial filing fee and costs where a plaintiff submits an affidavit indicating that he is unable to pay these fees and costs. 28 U.S.C. § 1915(a)(1). Plaintiff indicates that he is currently detained, has no income, no assets, and no ability to pay the filing fee. ECF No. 2. The Court exercises its discretion to waive the fee. See Williams v. Estelle, 681 F.2d 946, 947 (5th Cir. 1982) (noting the Court's discretion in IFP determinations). (This is a text-only entry generated by the court. There is no document associated with this entry.) (TMlc)
Jul 13, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
Jul 13, 2026
Remark (No Doc#)
Jul 13, 2026
To be Referred to SA Mag Judge
#5
Jul 14, 2026
TEXT ORDER FOR SERVICE of 1 for Writ of Habeas Corpus signed by Judge Xavier Rodriguez. It is ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in San Antonio, Texas, shall constitute service on the Federal Respondents and on all Respondents unless otherwise contested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within seven (7) days of the date of service. The response must identify: (1) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's alleged date of entry and statutory basis for removability; (3) any previous immigration detention history, e.g., whether Petitioner has previously been subject to immigration detention and, if so, the approximate date of Petitioner's previous release into the interior; and (4) Petitioner's alleged immigration status, e.g., whether Petitioner has a pending claim for asylum, withholding of removal, or protection under the Convention Against Torture or is subject to a final removal order. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than seven days after the Respondents file their answers/responses. Signed by Judge Xavier Rodriguez. (TMlc) (Entered: 07/14/2026)
Jul 14, 2026
Order
#6
Jul 21, 2026
ADVISORY TO THE COURT by Attorney General of the United States, Director, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security, Secretary, U.S. Department of Justice . (Attachments: # 1 Exhibit A)(Russo, Kyle) (Entered: 07/21/2026)
Main Document: Advisory to the Court
#7
Jul 21, 2026
ORDER -- Petitioner is no longer detained, so the Court lacks jurisdiction to proceed. See Ortez v. Chandler, 845 F.2d 573, 575 (5th Cir. 1988) ([T]he habeas relief [Petitioner] requests... can no longer be effected. No case or controversy remains....); Nieto-Ramirez v. Holder, 583 F. Appx 330, 332 (5th Cir. 2014) (NietoRamirez is no longer being detained by ICE. As a result, even if her claim had merit, this court could not effect the bond hearing that she seeks.). The Petition (ECF No. 1) is DENIED AS MOOT.. Signed by Judge Xavier Rodriguez. (cih) (Entered: 07/22/2026)
Main Document: Order
#8
Jul 21, 2026
FINAL JUDGMENT. Signed by Judge Xavier Rodriguez. (cih) (Entered: 07/22/2026)
Main Document: Judgment

Parties

Attorney General of the United States
Party
Avila Acosta
Party