Active
Case Information
Filed: October 14, 2026
Assigned to:
Xavier Rodriguez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 13, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Alecxander Jose Leon-Montenegro. (Attachments: # 1 Exhibit, # 2 Envelope) (egg5) [Transferred from Texas Southern on 10/14/2026.] (Entered: 10/13/2026)
Main Document:
PETITION
#2
Oct 13, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) [Transferred from Texas Southern on 10/14/2026.] (Entered: 10/13/2026)
Main Document:
Remark (No Doc#)
#3
Oct 13, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (egg5) [Transferred from Texas Southern on 10/14/2026.] (Entered: 10/13/2026)
Main Document:
Order Referring Case to Magistrate Judge
#4
Oct 13, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (egg5) [Transferred from Texas Southern on 10/14/2026.] (Entered: 10/13/2026)
Main Document:
Notice of Filing
Oct 13, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500002795, filed. (eg5) [Transferred from Texas Southern on 10/14/2026.]
Oct 13, 2026
Filing Fee Received
Oct 13, 2026
Remark
Oct 13, 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. (egg5) [Transferred from Texas Southern on 10/14/2026.]
#5
Oct 14, 2026
ORDER TO TRANSFER CASE to Western District of Texas- San Antonio (Signed by Judge John A Kazen) Parties notified. (rlt5) [Transferred from Texas Southern on 10/14/2026.] (Entered: 10/14/2026)
Main Document:
Order
#6
Oct 14, 2026
Case electronically transferred in from the Southern District of Texas-Laredo Division; Case Number 5:26-cv-01827. (Entered: 10/14/2026)
Main Document:
Case Transferred In - District Transfer
Oct 14, 2026
Remark (No Doc#)
Oct 14, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (rqr)
Oct 14, 2026
Interdistrict transfer to Western District of Texas-San Antonio. Case transferred electronically, filed. (rlt5) [Transferred from Texas Southern on 10/14/2026.]
Oct 14, 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. (rqr)
#7
Oct 15, 2026
Case Opening Letter mailed to Alexander Jose Leon Montenegro. (rqr) (Entered: 10/15/2026)
Main Document:
Case Opening Letter
#8
Oct 15, 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 San Antonio, 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: 10/15/2026)
Oct 15, 2026
Case Assigned/Reassigned
Oct 15, 2026
To be Referred to SA Mag Judge
Oct 15, 2026
Order
#9
Oct 22, 2026
Response
Main Document:
Response
Parties
Leon-Montenegro
Party
Warden
Party