Southern District of Texas • 5:26-cv-01800

Leiva-Viva v. Warden

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Case Information

Filed: October 08, 2026
Assigned to: John A. Kazen
Referred to: Brian C. Bajew
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 08, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Luis Francisco Leiva-Viva. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment, # 7 Attachment, # 8 Attachment, # 9 Attachment, # 10 Attachment, # 11 Attachment, # 12 Attachment, # 13 Attachment, # 14 Attachment, # 15 Attachment, # 16 Envelope) (sir5) (Entered: 10/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 08, 2026
Emergency Motion for an Order to Show Cause and for an Expedited Custody Hearing by Luis Francisco Leiva-Viva, filed. Motion Docket Date 10/29/2026. (sir5) (Entered: 10/08/2026)
Main Document: Show Cause
#3
Oct 08, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (sir5) (Entered: 10/08/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#4
Oct 08, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (sir5) (Entered: 10/08/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#5
Oct 08, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 10/08/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Oct 08, 2026
Filing Fee Received
Oct 08, 2026
Referral Judge Selected: Magistrate Judge Brian C. Bajew randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (sir5)
Oct 08, 2026
Referral Judge Selected
Oct 08, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus,, receipt number 500002776, filed. (eg5)
#6
Oct 09, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) Based upon a review of the Petition, the Court ORDERS Respondents to file a response to the petition and serve their response on Petitioner no later than October 16, 2026.1 28 U.S.C. § 2243. Respondents should attach relevant evidence from Petitioners A-file to support their assertions of fact. Should Petitioner wish to file a reply, he must do so no later than October 30, 2026 (Signed by Judge John A Kazen) Parties notified. (scg5) (Entered: 10/09/2026)
Main Document: Order
Oct 09, 2026
Notice of Appearance - USA (Govt Use Only)
Oct 09, 2026
NOTICE OF APPEARANCE by Izaak Philip Bruce on behalf of Field Office Director, Todd Lyons, Markwayne Mullin, filed. (Bruce, Izaak)
#10
Oct 16, 2026
MOTION for Summary Judgment and Response to Petition for Habeas Corpus by Field Office Director, Todd Lyons, Markwayne Mullin, filed. Motions referred to Brian C Bajew. Motion Docket Date 11/6/2026. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit I-213, # 3 Proposed Order Proposed Order Granting Motion for Summary Judgment) (Bruce, Izaak) (Entered: 10/16/2026)
Main Document: Summary Judgment
#11
Oct 20, 2026
Certified Mail Receipt Returned from Luis Francisco Leiva Viva re: 6 Order re: 7 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (scg5) (Entered: 10/20/2026)
Main Document: Certified Mail Receipt Returned
#12
Oct 23, 2026
Petitioner's REPLY in Opposition to Respondents' Motion for Summary Judgment, Response, and Request for a Stay, filed by Luis Francisco Leiva-Viva. (Attachments: # 1 Envelope) (rlt5) (Entered: 10/23/2026)
Main Document: Reply
#13
Oct 29, 2026
Order
Main Document: Order