Southern District of Texas • 5:26-cv-00132

ROCHART MACHADO v. Vergara

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Case Information

Filed: January 30, 2026
Assigned to: John A. Kazen
Referred to: Brian C. Bajew
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: June 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 30, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-34980080) filed by Alejandro David ROCHART MACHADO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E Part 1, # 7 Exhibit E Part 2, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H) (Tocado, Lissette) (Entered: 01/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 30, 2026
Request for Issuance of Summons as to Pamela Jo Bondi, Todd Lyons, Kristi Noem, Miguel Vergara, Warden of Rio Grande Processing Center, filed. (Attachments: # 1 Summons to be Issued, # 2 Summons to be Issued, # 3 Summons to be Issued, # 4 Summons to be Issued, # 5 Summons to be Issued) (Tocado, Lissette) (Entered: 01/30/2026)
Main Document: Summons - Request for Issuance
#3
Jan 30, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 01/30/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Jan 30, 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. (clr5)
Jan 30, 2026
Referral Judge Selected
#4
Feb 02, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (rlt5) (Entered: 02/02/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#5
Feb 02, 2026
ORDER. Before the Court is Petitioner's Petition for a Writ of Habeas Corpus and Request for Order to Show Cause. Based upon a review of the petition, Petitioner is DIRECTED to serve all Respondents and the United States attorney of the Southern District of Texasin accordance with Rule 4(i) of the Federal Rules of Civil Procedure and include a copy of this Order with that service. Petitioner is ORDERED to submit proof that service was sent via certified mail to Respondents by 2/6/2026. The Court ORDERS Respondents to file a response to the petition and serve their response on Petitioner no later than 2/9/2026. 28 U.S.C. § 2243. Should Petitioner wish to file a reply, they must do so no later than February 2/13/2026. Respondents are ORDERED to notify Petitioner's counsel and the Court of any anticipated or planned transfer or removal of Petitioner outside of the Southern District of Texas at least five (5) days before any such transfer. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 02/02/2026)
Main Document: Order
#6
Feb 02, 2026
Summons Issued as to Pamela Jo Bondi, Todd Lyons, Kristi Noem, Miguel Vergara, Warden of Rio Grande Processing Center. Issued summons delivered to plaintiff by NEF, filed. (rlt5) (Entered: 02/02/2026)
Main Document: Summons Issued/Not Issued
#8
Feb 06, 2026
CERTIFICATE OF SERVICE of 1 Petition for Writ of Habeas Corpus, 5 Order,,,, by Alejandro David Rochart Machado, filed. (Attachments: # 1 Proof of Service, # 2 Proof of Service, # 3 Proof of Service, # 4 Proof of Service, # 5 Proof of Service) (Tocado, Lissette) (Entered: 02/06/2026)
Main Document: Certificate of Service
#9
Feb 10, 2026
ORDER. The Court ORDERS Petitioner to file an advisory by February 20, 2026, addressing why the Court should not deny the petition without prejudice and terminate the case.If Petitioner fails to file an advisory by the above deadline, the Court may deny the petition and terminate the case. (Signed by Judge John A Kazen) Parties notified. (scg5) (Entered: 02/10/2026)
Main Document: Order
#10
Feb 19, 2026
ADVISORY by Alejandro David Rochart Machado, filed. (Tocado, Lissette) (Entered: 02/19/2026)
Main Document: Advisory
#11
Feb 24, 2026
ORDER TO SHOW CAUSE (Served electronically on USAO per MOU.) Show Cause Response due by 3/4/2026 (Signed by Judge John A Kazen) Parties notified. (tat5) (Entered: 02/24/2026)
Main Document: Show Cause
#13
Mar 04, 2026
RESPONSE and motion for summary judgment, filed by Pamela Jo Bondi, Todd Lyons, Kristi Noem, Miguel Vergara. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Bastian, Christopher) (Entered: 03/04/2026)
Main Document: Response
#14
Mar 10, 2026
REPLY to 13 Response,, filed by Alejandro David Rochart Machado. (Tocado, Lissette) (Entered: 03/10/2026)
Main Document: Reply
#15
Mar 10, 2026
NOTICE Request for Judicial Notice re: 14 Reply by Alejandro David Rochart Machado, filed. (Tocado, Lissette) (Entered: 03/10/2026)
Main Document: Other Notice
#16
Jun 01, 2026
MEMORANDUM OPINION & ORDER. Petitioner's 1 Petition for Writ of Habeas Corpus and Request for Order to Show Cause is GRANTED in part and DENIED in part. Respondents' 13 Motion for Summary Judgment is DENIED. Respondents are ORDERED to RELEASE Petitioner from custody by 6/2/2026, at 5:00 p.m., under reasonable conditions of release, and to submit a status report to the Court confirming Petitioner's release by 6/3/2026, at 5:00 p.m. Respondents must notify Petitioner's cou nsel of the exact time and location of Petitioner's release no less than two hours prior to Petitioner's release from custody. Respondents are ordered to return Petitioner's identity documents and personal effects upon his release. All other relief requested by Petitioner, including his request for recovery of attorney's fees, is DENIED. If Petitioner is re-detained, Petitioner must be afforded procedural due process as guaranteed by the Due Process Clause of the Fifth Amendment. (Signed by Judge John A Kazen) Parties notified. (jgr5)
Main Document: Order
#17
Jun 02, 2026
Status Report
Main Document: Status Report
#18
Jun 03, 2026
Judgment - Final
Main Document: Judgment - Final