Western District of Texas • 5:26-cv-05838

Montilla Duque v. Rodriguez

Active

Case Information

Filed: September 11, 2026
Assigned to: Jason K Pulliam
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 23, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 11, 2026
Petition for Writ of Habeas Corpus (FILING FEE DUE), filed by Jhonger Jesus Montilla Duque. (Attachments: # 1 Copy of Envelope)(ksc) Modified on 9/15/2026 (cih). (Entered: 09/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
MOTION for leave to proceed as next friend by Jhonger Jesus Montilla Duque. (ksc) (Entered: 09/14/2026)
Main Document: Miscellaneous Relief
Sep 11, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Stephenson. (ksc)
Sep 11, 2026
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE JASON K. PULLIAM. (ksc)
#3
Sep 14, 2026
Case Opening Letter mailed to Jhonger Jesus Montilla Duque. (ksc) (Entered: 09/14/2026)
Main Document: Case Opening Letter
Sep 14, 2026
To be Referred to SA Mag Judge
Sep 14, 2026
Remark (No Doc#)
#4
Sep 15, 2026
Text ORDER TO PAY FILING FEE OR FILE APPLICATION TO PROCEED IFP. Petitioner neither paid the $5.00 filing fee nor filed an application to proceed in forma pauperis (IFP).IT IS THEREFORE ORDERED that on or before October 15, 2026, Petitioner must submit to this Court either the required filing fee of $5.00 or a completed application to proceed IFP. The Clerk of the Court is directed to forward to Petitioner this Courts standard IFP application. If Petitioner fails to comply with this Order, the Petition may be dismissed by this Court without further notice for want or prosecution and failure to comply with this Courts Order. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lc) (Entered: 09/15/2026)
#5
Sep 15, 2026
SHOW CAUSE ORDER as to Jhonger Jesus Montilla Duque -- IT IS THEREFORE ORDERED that within fourteen (14) days of the date of this Order, Rayo or Duque must show cause why this case should not be dismissed.. Signed by Judge Jason K. Pulliam. (cih) (Entered: 09/15/2026)
Main Document: Order to Show Cause
Sep 15, 2026
Order
Sep 15, 2026
Order on Motion for Miscellaneous Relief
Sep 15, 2026
Remark (No Doc#)
Sep 15, 2026
Mailed copy of 4 and IFP Application to Petitioner. (cih)
Sep 15, 2026
Text Order DENYING 2 Motion entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
#7
Sep 28, 2026
NOTICE of Adoption and Ratification of Petition and Statement of Intent to Proceed Pro Se by Jhonger Jesus Montilla Duque (cih) (Entered: 09/29/2026)
Main Document: Notice
#6
Sep 29, 2026
Filing fee received in the amount of $5, receipt number 13072 (cih) (Entered: 09/29/2026)
Main Document: Filing Fee Received
#8
Sep 30, 2026
Text ORDER FOR SERVICE of 1 Petition for Writ of Habeas Corpus. 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 Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc) (Entered: 09/30/2026)
Sep 30, 2026
Order
#9
Oct 07, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Civil Process Clerk for the U.S. Attorney for the Western District of Texas, Markwayne Mullin, Orlando Rodriguez, David Venturella. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Anderson, Edmond) (Entered: 10/07/2026)
Main Document: Response
#10
Oct 23, 2026
Response
Main Document: Response

Parties

Montilla Duque
Party
Rodriguez
Party