Active
Case Information
Filed: January 17, 2026
Assigned to:
Evelyn Padin
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
January 23, 2026
Parties:
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Docket Entries
#1
Jan 17, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17006830.), filed by JOSE LUIS TUNCHE-DIEGUEZ. (Attachments: # 1 Civil Cover Sheet)(GIBBS, STEPHANIE) (Entered: 01/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 18, 2026
Emergency MOTION for Temporary Restraining Order by JOSE LUIS TUNCHE-DIEGUEZ. (Attachments: # 1 Exhibit Declaration by Maria Luisa Estrada, # 2 Exhibit Email Notice to U.S. Attorney's Office, # 3 Text of Proposed Order)(GIBBS, STEPHANIE) (Entered: 01/18/2026)
Main Document:
Temporary Restraining Order
Jan 18, 2026
Case assigned to Judge Evelyn Padin. (jr)
Jan 18, 2026
Case Assigned/Reassigned
#3
Jan 19, 2026
TEXT ORDER: This matter comes before the Court upon Petitioner Jose Luis Tunche-Diegeuz's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), challenging his mandatory detention by immigration authorities without a bond hearing. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without filing an answer is not warranted. Also before this Court is Petitioner's Emergency Ex Parte Motion for Temporary Restraining Order, D.E. 2 ("Emergency TRO Motion"), wherein Petitioner seeks to maintain the status quo of his presence in the United States pending his removal proceedings.Respondents shall file an expedited answer to the Petition and a response to Petitioner's Emergency TRO Motion by 5:00 p.m. on January 22, 2025. Petitioner shall file a reply brief by noon on January 26, 2025. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Petitioner shall not be transferred or removed from Port Isabel Service Detention Center in Los Fresnos, Texas during the pendency of this habeas proceeding. So Ordered by Judge Evelyn Padin on 1/19/2026. (bt) (Entered: 01/19/2026)
Jan 19, 2026
Text Order
#4
Jan 22, 2026
Notice of Voluntary Dismissal (aty)
Main Document:
Notice of Voluntary Dismissal (aty)
#5
Jan 23, 2026
Order
Main Document:
Order
Jan 23, 2026
Terminate Civil Case
Parties
NOEM
Party
TUNCHE-DIEGUEZ
Party