Southern District of Texas • 5:26-cv-01681

Diaz Amador v. Warden

Completed

Case Information

Filed: September 22, 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
Completed: September 29, 2026
Last Activity: September 29, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 22, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Marcial De Jesus Diaz Amador. (Attachments: # 1 Attachments, # 2 Envelope) (jb5) (Entered: 09/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 22, 2026
DECLARATION of Marcial De Jesus Diaz Amador, filed. (jb5) (Entered: 09/22/2026)
Main Document: Declaration
#3
Sep 22, 2026
MEMORANDUM of Law in Support of 1 Petition for Writ of Habeas Corpus by Marcial De Jesus Diaz Amador, filed. (jb5) (Entered: 09/22/2026)
Main Document: Memorandum
#4
Sep 22, 2026
EMERGENCY MOTION for Temporary Restraining Order ( Motion Docket Date 10/13/2026.) by Marcial De Jesus Diaz Amador, filed. (Attachments: # 1 Proposed Order) (jb5) Modified on 9/28/2026 (rlt5). (Entered: 09/22/2026)
Main Document: Emergency AND Temporary Restraining Order
#5
Sep 22, 2026
ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge Diana Saldana) Parties notified. (jb5) (Entered: 09/22/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#6
Sep 22, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (jb5) (Entered: 09/22/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#7
Sep 22, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 09/22/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#8
Sep 22, 2026
ORDER. 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 29, 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 13, 2026. re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.) (Signed by Judge Diana Saldana) Parties notified. (jb5) (Entered: 09/22/2026)
Main Document: Order
Sep 22, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500002685, filed. (eg5)
Sep 22, 2026
Filing Fee Received
Sep 22, 2026
Notice of Appearance - USA (Govt Use Only)
Sep 22, 2026
Referral Judge Selected
Sep 22, 2026
NOTICE OF APPEARANCE by Amanda Lee Gould on behalf of Field Office Director, Todd Lyons, Markwayne Mullin, filed. (Gould, Amanda)
Sep 22, 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. (jb5)
#11
Sep 28, 2026
MOTION to Stay, MOTION for Summary Judgment ( Motion Docket Date 10/19/2026.), MOTION Response to Petition for Writ of Habeas Corpus by Field Office Director, Todd Lyons, Markwayne Mullin, filed. Motions referred to Christopher dos Santos. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Gould, Amanda) Modified on 9/28/2026 (rlt5). (Entered: 09/28/2026)
Main Document: Miscellaneous Relief AND Stay AND Summary Judgment
#12
Sep 28, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.). For the foregoing reasons, Petitioners Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED. Petitioners Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, (Dkt. 4), is DENIED AS MOOT. Respondents Response to the Petition for Writ of Habeas Corpus and Motion for Stay, or in the Alternative, Motion for Summary Judgment, (Dkt. 11), 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: 09/28/2026)
Main Document: Order
#13
Sep 29, 2026
ADVISORY by Field Office Director, Todd Lyons, Markwayne Mullin, filed. (Attachments: # 1 Exhibit 1) (Gould, Amanda) (Entered: 09/29/2026)
Main Document: Advisory
#14
Sep 29, 2026
FINAL JUDGMENT. Case terminated on September 29, 2026 (Signed by Judge Diana Saldana) Parties notified. (jb5) (Entered: 09/29/2026)
Main Document: Judgment - Final