Western District of Texas • 5:26-cv-05950
Cortes-Lagos v. Warden, South Texas ICE Processing Center
Active
Case Information
Filed: September 15, 2026
Assigned to:
Xavier Rodriguez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 13, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 15, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 12943), filed by Jose Antonio Cortes-Lagos. (Attachments: # 1 Receipt)(vl) (Entered: 09/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 15, 2026
MOTION for Expedited Consideration and to Preserve Jurisdiction by Jose Antonio Cortes-Lagos. (vl) (Entered: 09/16/2026)
Main Document:
Expedite
Sep 15, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Stephenson (vl)
Sep 15, 2026
Case has been randomly assigned to Judge Xavier Rodriguez. (vl)
#3
Sep 16, 2026
Case Opening Letter mailed to Jose Antonio Cortes-Lagos. (vl) (Entered: 09/16/2026)
Main Document:
Case Opening Letter
Sep 16, 2026
To be Referred to SA Mag Judge
Sep 16, 2026
Order on Motion to Expedite
Sep 16, 2026
Case Assigned/Reassigned
Sep 16, 2026
Text Order DENYING 2 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. A transfer of Petitioner to a different detention facility because such a transfer would not deprive the Court of jurisdiction over the Petition. See Griffin v. Ebbert, 751 F.3d 288, 290 (5th Cir. 2014). (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
#4
Sep 21, 2026
TEXT ORDER FOR SERVICE of 1 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. 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) the Government's claimed statutory authority for detaining Petitioner (e.g., 8 U.S.C. § 1225(b)(2), § 1231); (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. Additionally, if this case turns on whether Petitioner's detention without a bond hearing violates the due process rights afforded to noncitizens who have established a substantial presence in the United States, Respondents must consider the Court's prior orders addressing this question and note any material factual differences between those cases and this one. E.g., Valencia Reyes v. Noem, No. SA-25-CV-1921-XR, 2026 WL 981034 (W.D. Tex. Feb. 25, 2026); Gonzalez Carrillo v. Bondi, No. SA-26-CV-778-XR, 2026 WL 981037 (W.D. Tex. Feb. 26, 2026). If Respondents so choose, in lieu of a full response, they may instead file a response indicating that there are no material factual differences here and preserving all legal arguments made by the Federal Respondents in those cases. 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. (Entered: 09/21/2026)
Sep 21, 2026
Order
#5
Sep 28, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Immigration and Customs. (Attachments: # 1 Exhibit A)(Diaz, Rafael) (Entered: 09/28/2026)
Main Document:
Response
#6
Oct 13, 2026
Response
Main Document:
Response
Parties
Cortes-Lagos
Party
Warden, South Texas ICE Processing Center
Party