Southern District of Texas • 5:26-cv-01670

Perez Francisco v. Warden of Rio Grande Detention Processing Center

Active

Case Information

Filed: September 21, 2026
Assigned to: Diana Saldana
Referred to: Christopher A. dos Santos
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 21, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Carlos Perez Francisco. (rlt5) (Additional attachment(s) added on 9/21/2026: # 1 Addendum) (rlt5). (Additional attachment(s) added on 9/21/2026: # 2 Exhibits) (rlt5). (Additional attachment(s) added on 9/21/2026: # 3 Civil Cover Sheet) (rlt5). (Additional attachment(s) added on 9/21/2026: # 4 Envelope) (rlt5). (Entered: 09/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 21, 2026
ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge Diana Saldana) Parties notified. (rlt5) (Entered: 09/21/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#3
Sep 21, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (rlt5) (Entered: 09/21/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#4
Sep 21, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 09/21/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#5
Sep 21, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) Respondents are hereby ORDERED to show cause and submit a response to the Habeas Petition, (Dkt. 1), and serve it on the pro se Petitioner no later than September 28, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. § 2243.1 The Court advises the Respondents that if no response is received, the Court may treat the petition as unopposed. Petitioner may submit a reply to Respondents Response on or before October 12, 2026 (Signed by Judge Diana Saldana) Parties notified. (tat5) (Entered: 09/21/2026)
Main Document: Order
Sep 21, 2026
Notice of Appearance - USA (Govt Use Only)
Sep 21, 2026
Referral Judge Selected
Sep 21, 2026
Filing Fee Received
Sep 21, 2026
NOTICE OF APPEARANCE by Yasmine Kathrina Tucker on behalf of Attorney General, Director of ICE, filed. (Tucker, Yasmine)
Sep 21, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus,, receipt number 500002673, filed. (eg5)
Sep 21, 2026
Referral Judge Selected: Magistrate Judge Christopher dos Santos randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (rlt5)
#8
Sep 28, 2026
MOTION for Summary Judgment by Attorney General, Director of ICE, filed. Motions referred to Christopher dos Santos. Motion Docket Date 10/19/2026. (Attachments: # 1 Proposed Order) (Tucker, Yasmine) Modified on 9/29/2026 (rlt5). (Entered: 09/28/2026)
Main Document: Summary Judgment
#9
Sep 29, 2026
ORDER. For the foregoing reasons, Petitioners Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED. Respondents Response to Petition for Writ of Habeas Corpus and Motion for Summary Judgment, (Dkt. 8), is DENIED. Respondents are ORDERED to RELEASE Petitioner from custody immediately, under reasonable conditions of release, and to submit a status report to the Court confirming Petitioners release within 24 hours of the date of this Order. Respondents must provide Petitioner with a printed copy of this Order granting the habeas petition and ordering release from custody. Respondents must return any and all identification documents and personal belongings taken from Petitioner at the time of apprehension or during detention. If Petitioner is redetained under 8 U.S.C. § 1225(b), all applicable regulations and procedures must be followed, including that Petitioner be afforded an individualized assessment of Petitioners flight risk and dangerousness as guaranteed under the Due Process Clause of the Fifth Amendment. (Signed by Judge Diana Saldana) Parties notified. (rlt5) (Entered: 09/29/2026)
Main Document: Order
#10
Sep 30, 2026
STATUS REPORT by Attorney General, Director of ICE, filed. (Tucker, Yasmine) (Entered: 09/30/2026)
Main Document: Status Report
#11
Oct 07, 2026
Mail Returned Undeliverable as to Carlos Perez Francisco re: 3 Notice to Pro Se Litigant of Case Opening, filed. (edg1) (Entered: 10/08/2026)
Main Document: Mail Returned Undeliverable
#12
Oct 08, 2026
Mail Returned Undeliverable as to Carlos Perez Francisco re: 2 Order Referring Case to Magistrate Judge, filed. (edg1) (Entered: 10/08/2026)
Main Document: Mail Returned Undeliverable
#13
Oct 08, 2026
Mail Returned Undeliverable as to Carlos Perez Francisco re: 4 Clerks Notice of Redaction Responsibilities and Privacy Protection, filed. (edg1) (Entered: 10/08/2026)
Main Document: Mail Returned Undeliverable
#14
Oct 23, 2026
Judgment - Final
Main Document: Judgment - Final

Parties

Perez Francisco
Party
Warden of Rio Grande Detention Processing Center
Party