Southern District of Texas • 5:26-cv-01346
Penafiel Bustamante v. Warden
Completed
Case Information
Filed: July 30, 2026
Assigned to:
John A. Kazen
Referred to:
Brian C. Bajew
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: October 22, 2026
Last Activity:
November 03, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 30, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Michaell Adrian Penafiel Bustamante. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Attachments, # 4 Envelope) (jb5) (Entered: 07/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 30, 2026
APPLICATION to Proceed In Forma Pauperis by Michaell Adrian Penafiel Bustamante, filed. Motion Docket Date 8/20/2026. (Attachments: # 1 Declaration) (jb5) (Entered: 07/30/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jul 30, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (jb5) (Entered: 07/30/2026)
Main Document:
Referring Case to Magistrate Judge (FORM)
#4
Jul 30, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (jb5) (Entered: 07/30/2026)
Main Document:
Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#5
Jul 30, 2026
CLERKS NOTICE of Filing Fee Due for filing of a case. Parties notified. (jb5) (Entered: 07/30/2026)
Main Document:
Clerks Notice of Filing Fee Due (FORM, noticing) - Civil
#6
Jul 30, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 07/30/2026)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Jul 30, 2026
Referral Judge Selected
Jul 30, 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)
#7
Jul 31, 2026
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Court GRANTS Petitioners application to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1), 2, and authorizes him to commence this action without prepayment of fees.(Signed by Magistrate Judge Brian C Bajew) Parties notified. (mtl5) (mtl5). (Entered: 07/31/2026)
Main Document:
Order on Motion for Leave to Proceed In Forma Pauperis
#9
Aug 03, 2026
ORDER. The Court ORDERS Respondents to file a response to the petition and serve their response on Petitioner no later than August 10, 2026. Petitioner wish to file a reply, they must do so no later than August 24, 2026. re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.) (Signed by Judge John A Kazen) Parties notified. (rad6) (Entered: 08/03/2026)
Aug 03, 2026
Notice of Appearance - USA (Govt Use Only)
Aug 03, 2026
NOTICE OF APPEARANCE by Christopher Michael Halbohn on behalf of Todd M. Lyons, Kristi Noem, filed. (Halbohn, Christopher)
#11
Aug 10, 2026
MOTION to Stay and Motion for Summary Judgment by Todd M. Lyons, Kristi Noem, filed. Motions referred to Brian C Bajew. Motion Docket Date 8/31/2026. (Attachments: # 1 Exhibit Gov't Ex. 1, # 2 Exhibit Gov't Ex. 2, # 3 Exhibit Gov't Ex. 3, # 4 Exhibit Gov't Ex. 4) (Halbohn, Christopher) (Entered: 08/10/2026)
Main Document:
Stay
#12
Aug 11, 2026
Certified Mail Receipt Returned re: 10 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (vm5) (Entered: 08/11/2026)
Main Document:
Certified Mail Receipt Returned
#13
Aug 12, 2026
EMERGENCY MOTION To Stay Removal Pending Adjudication of Petition for Writ of Habeas Corpus by Michaell Adrian Penafiel Bustamante, filed. Motions referred to Brian C Bajew. Motion Docket Date 9/2/2026. (Attachments: # 1 Envelope) (rlt5) (Entered: 08/12/2026)
Main Document:
Emergency
#14
Aug 26, 2026
SUPPLEMENT to 11 MOTION to Stay and Motion for Summary Judgment by Todd M. Lyons, Kristi Noem, filed. (Halbohn, Christopher) (Entered: 08/26/2026)
Main Document:
Supplement
#15
Aug 31, 2026
Petitioner's Traverse and RESPONSE in Opposition to Respondent's MOTION to Stay and Motion for Summary Judgment, filed by Michaell Adrian Penafiel Bustamante. (Attachments: # 1 Envelope) (scg5) (Entered: 08/31/2026)
Main Document:
Response in Opposition to Motion
#16
Oct 06, 2026
Letter from MICHAEL PENAFIEL BUSTAMANTE re: REQUEST / RELEASE, filed. (Attachments: # 1 Envelope) (mtl5) (Entered: 10/06/2026)
Main Document:
Letter
#17
Oct 13, 2026
Letter from Michaell Penafiel-Bustamante to the court, filed. (Attachments: # 1 Envelope) (tat5) (Entered: 10/13/2026)
Main Document:
Letter
#18
Oct 16, 2026
ORDER denying 11 Motion for Summary Judgment. Petitioners Petition for Writ of Habeas Corpus is granted. Respondents are Ordered to Release Petitioner from Custody by October 20, 2026 at 5:00 p.m. Status Report to the Court due by 10/22/26 at 5:00 p.m..(Signed by Judge John A Kazen) Parties notified. (mam2) (Entered: 10/16/2026)
Oct 16, 2026
***Set/Reset Deadlines: Status Report due by 10/22/2026 re DE 18 (mam2)
Oct 16, 2026
Set/Reset Deadlines
#20
Oct 21, 2026
ADVISORY by Todd M. Lyons, Kristi Noem, filed. (Halbohn, Christopher) (Entered: 10/21/2026)
Main Document:
Advisory
#21
Oct 21, 2026
Letter from Michaell Adrian Penafiel Bustamante, filed. (Attachments: # 1 Envelope) (mtl5) (Entered: 10/21/2026)
Main Document:
Letter
#22
Oct 22, 2026
FINAL JUDGMENT (Signed by Judge John A Kazen) Parties notified. (egg5) (Entered: 10/22/2026)
Main Document:
Judgment - Final
#23
Nov 03, 2026
Mail Returned Undeliverable as to Michaell Adrian Penafiel Bustamante re: 19 Document(s) Sent, filed. (vm5) (Entered: 11/03/2026)
Main Document:
Mail Returned Undeliverable
Parties
Penafiel Bustamante
Party
Warden
Party