Active
Case Information
Filed: October 08, 2026
Assigned to:
—
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity:
October 21, 2026
Parties:
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Docket Entries
#1
Oct 08, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-22808254), filed by MILTON JOSE ANDINO REYES. (Attachments: # 1 Civil Cover Sheet)(Renaud, Kymberly) (Entered: 10/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 13, 2026
DEFICIENCY NOTICE: re 1 Petition for Writ of Habeas Corpus you filed is deficient. Pursuant to local rule CV-65, "An application for a temporary restraining order or for a preliminary injunction shall be made in an instrument separate from the Petition." Please note that you will need to file a separate motion and proposed order if you still are requesting a temporary restraining order or preliminary injunction. (amg) (Entered: 10/13/2026)
Main Document:
Deficiency Notice
Oct 13, 2026
To be Referred to AU Mag Judge
Oct 13, 2026
Case Assigned/Reassigned
#3
Oct 14, 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 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. 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: 10/14/2026)
Oct 14, 2026
Order
#4
Oct 21, 2026
Response
Main Document:
Response