Active
Case Information
Filed: August 07, 2026
Assigned to:
Timothy D. DeGiusti
Referred to:
Amanda Leigh Maxfield
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
October 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 07, 2026
PETITION for Writ of Habeas Corpus filed by Marcel Rafael Malave Vivas. (Attachments: # 1 Attachment 1 - Attachments in Supports, # 2 Attachment 2 - Exhibits List, # 3 Exhibit 1-A Form 1-830 Initial Custody Notice, # 4 Exhibit 2-B I CE Detainee Locator Record, # 5 Exhibit 3-C Pre-Detention Immigration Court Hearing Notice, # 6 Exhibit 4-D ICE Reporting Records, # 7 Exhibit 5-E Initial Entry and Release Documentation, # 8 Exhibit 6-F Immigration Judge's Bond Decision, # 9 Exhibit 7-G BIA Receipt Acknowledging Appeal of Immigration Judge's Bond Decision, # 10 Exhibit 8-H Immigration Judge's Asylum Decision, # 11 Exhibit 9-I BIA Receipt Acknowledging Appeal of Immigration Judge's Asylum Decision, # 12 Exhibit 10-J USCIS Immigrant Petition Records, # 13 Exhibit 11-K Employment Authorization Documents, # 14 Exhibit 12-L TPS Documentation, # 15 Exhibit 13-M Social Security Documentation, # 16 Exhibit 14-N IRS Tax Filings, # 17 Exhibit 15-O Congressional Case Assistance Records, # 18 Exhibit 16-P Certified Criminal Background Records, # 19 Exhibit 17-Q Texas Driver License and Texas DPS Driving Record, # 20 Exhibit 18-R Birth Certificate of U.S. Citizen Child, # 21 Exhibit 19-S Marriage Certificate, # 22 Exhibit 20-T Eviction Order, # 23 Exhibit 21-U Lease Agreement & Insurance Documentation, # 24 Exhibit 22-V Property Ownership Documentation, # 25 Exhibit 23-W Medical & Therapy Records of Minor Child, # 26 Exhibit 24-X Sworn Affidavits & Character Declarations, # 27 Exhibit 25-Y Family Photographic Evidence, # 28 Civil Cover Sheet, # 29 Envelope)(kb) (Entered: 08/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 07, 2026
DECLARATION by Marcel Rafael Malave Vivas re 1 Petition for Writ of Habeas Corpus, (Attachments: # 1 Envelope)(kb) (Entered: 08/07/2026)
Main Document:
Declaration
#3
Aug 07, 2026
MEMORANDUM in Support re 1 Petition for Writ of Habeas Corpus, filed by Marcel Rafael Malave Vivas. (Attachments: # 1 Envelope)(kb) (Entered: 08/07/2026)
Main Document:
Memorandum in Support
#4
Aug 07, 2026
MOTION to Expedite by Marcel Rafael Malave Vivas. (Attachments: # 1 Attachment 1 - Proposed Order, # 2 Envelope)(kb) (Entered: 08/07/2026)
Main Document:
Expedite
#5
Aug 07, 2026
NO PREVIOUS Cases (kb) (Entered: 08/07/2026)
Main Document:
Previous Cases
#6
Aug 07, 2026
ENTER ORDER REFERRING CASE to US Magistrate Judge Amanda Leigh Maxfield. 4 MOTION to Expedite filed by Marcel Rafael Malave Vivas ;Motions referred to Amanda Leigh Maxfield. Signed by Deputy Clerk on 08/07/2026. (kb) (Entered: 08/07/2026)
Main Document:
Order Referring Case to Magistrate Judge
#7
Aug 10, 2026
Receipt for Money Received from Marcel Rafael Malave Vivas in the amount of $5, receipt number 500019381 regarding 1 Petition for Writ of Habeas Corpus, (jsg) (Entered: 08/10/2026)
Main Document:
Receipt
#8
Aug 12, 2026
ORDER for Response re 1 Petition for Writ of Habeas Corpus filed by Marcel Rafael Malave Vivas. Signed by US Magistrate Judge Amanda Leigh Maxfield on 8/12/2026. (rb) (Entered: 08/12/2026)
#9
Aug 24, 2026
ENTRY of Appearance by Elissa Stiles on behalf of Marcel Rafael Malave Vivas (Stiles, Elissa) (Entered: 08/24/2026)
Main Document:
Entry of Appearance
#10
Aug 26, 2026
ENTRY of Appearance by Ronald R Gallegos on behalf of Todd Blanche, Markwayne Mullin (Gallegos, Ronald) (Entered: 08/26/2026)
Main Document:
Entry of Appearance
#11
Aug 26, 2026
RESPONSE in Opposition to the Petition for Writ of Habeas Corpus filed by Todd Blanche, Markwayne Mullin. (Gallegos, Ronald) (Entered: 08/26/2026)
Main Document:
Response to Non - Motion
#12
Sep 01, 2026
ENTRY of Appearance by Sarah Daquioag on behalf of Marcel Rafael Malave Vivas (Daquioag, Sarah) (Entered: 09/01/2026)
Main Document:
Entry of Appearance
#13
Sep 09, 2026
REPLY by Petitioner Marcel Rafael Malave Vivas filed by Marcel Rafael Malave Vivas. (Daquioag, Sarah) (Entered: 09/09/2026)
Main Document:
Reply
#14
Oct 14, 2026
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus, 4 MOTION to Expedite. The undersigned recommends that the Petition, (Doc. 1), be GRANTED in part. The undersigned recommends that the Court order Respondents to provide Petiti oner an individualized bond hearing before a neutral Immigration Judge within 7 days of the judgment in this matter, or else release him from custody. Petitioner's Motion for Expedited Consideration, (Doc. 4), is granted to the extent consistent with this Report and Recommendation and the Court's Order for response (Doc. 8). This Report and Recommendation terminates the referral of this matter to the undersigned. Objections to R&R due by 10/21/2026. Signed by US Magistrate Judge Amanda Leigh Maxfield on 10/14/2026. (ac)
#15
Oct 21, 2026
Objection to Report and Recommendation
Main Document:
Objection to Report and Recommendation
Parties
Party
Party
Party
Attorney
Attorney
Attorney
Attorney
Firm