Western District of Texas • 1:26-cv-02826

#1

Oct 02, 2026

Petition for Writ of Habeas Corpus (Filing fee DUE), filed by Jason Josue Lopez Arellano. (Attachments: # 1 Envelope)(cr5) (Entered: 10/06/2026)

Oct 02, 2026

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (cr5)

Oct 02, 2026

Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)

Oct 06, 2026

Case Assigned/Reassigned

Oct 06, 2026

To be Referred to AU Mag Judge

#2

Oct 13, 2026

TEXT ORDER FOR SERVICE of 1 Writ of Habeas Corpus signed by Judge Xavier Rodriguez. This Petition was filed without prepayment of the $5 filing fee for petitions for writs of habeas corpus. Generally, advanced payment of the filing fee is required before the case can proceed. Thus, the Court orders Petitioner to pay the $5 filing fee or submit an application to proceed in forma pauperis if unable to pay, by no later than November 13, 2026. Given the emergency nature of the case, however, the Court exercises its discretion to proceed to set a show cause response deadline in the interim. See Wrenn v. Am. Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir. 1978) (noting that payment of a filing fee is not a jurisdictional requirement); accord Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir. 2002) ("The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit."). IT IS THEREFORE ORDERED that Petitioner shall pay the required $5 filing fee or submit a signed application to proceed in forma pauperis (IFP) if unable to pay by no later than November 13, 2026. The filing fee or IFP application (and any supporting documents) shall be submitted to the U.S. Clerk of Court, 501 West Fifth Street, Suite 1100, Austin, Texas 78701, referencing the case number stated in the style of this Order. It is FURTHER ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in Austin, 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) 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: 10/13/2026)

Oct 13, 2026

Order

#3

Oct 20, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by ICE Director, ICE Local Office Assistant, U.S. Attorney General. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Simmons, Sequetha) (Entered: 10/20/2026)