Active
Case Information
Filed: February 04, 2026
Assigned to:
Lee Hyman Rosenthal
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 01, 2026
Parties:
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Docket Entries
#1
Feb 04, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-35024597) filed by CRISTIAN ALBERTO BANEGAS AVILA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Shakya, Merina) (Entered: 02/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 05, 2026
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bsg4) (Entered: 02/05/2026)
Main Document:
Clerks Notice re Consent to Jurisdiction of Magistrate Judge (FORM, noticing)
#3
Feb 05, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (bsg4) (Entered: 02/05/2026)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Feb 05, 2026
Referral Judge Selected: Magistrate Judge Yvonne Y. Ho randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bsg4)
Feb 05, 2026
Referral Judge Selected
#4
Feb 06, 2026
Civil Cover Sheet by Cristian Alberto Banegas Avila, filed. (Shakya, Merina) (Entered: 02/06/2026)
Main Document:
Document
#5
Feb 06, 2026
ORDER TO ANSWER (Served electronically on USAO per MOU.). Responses due by 2/11/2026. The proper respondent must file an answer or other appropriate responsive pleading within five (5) days after the date of service and must forward a copy to the petitioner's counsel. Whether the respondent elects to submit an answer or a dispositive motion (i.e., a motion to dismiss or for summary judgment), the petitioner must file any response within ten (10) days of the date reflected on the certificate of service. Within three (3) days of the date of this Order, counsel for the petitioner must provide the petitioner's A-Number to assist the court in locating the petitioner on ICE's Online Detainee Locator System. The respondents must notify the petitioner's counsel and the court of any anticipated or planned transfer of Cristian Alberto Banegas Avila outside of the Southern District of Texas at least five (5) days before any such transfer. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Petition) Parties notified. (abh4) (Entered: 02/06/2026)
Main Document:
Answer
#7
Feb 06, 2026
RESPONSE to 5 Order to Answer,,,,, filed by Cristian Alberto Banegas Avila. (Shakya, Merina) (Entered: 02/06/2026)
Main Document:
Response
#8
Feb 11, 2026
Response
Main Document:
Response
#9
Feb 21, 2026
Reply
Main Document:
Reply
#11
Apr 01, 2026
Brief
Main Document:
Brief
#12
Apr 01, 2026
Brief
Main Document:
Brief
#13
Apr 10, 2026
MEMORANDUM AND OPINION. Respondents must provide the petitioner with a bond hearing by 4/17/2026, or else release the petitioner. The parties must file an update with the court by 4/20/2026, informing the court of the result of the hearing and the petitioner's custody status. The motion for summary judgment, (Docket Entry No. 8), is denied and the petition for a writ of habeas corpus is granted in part. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
#15
May 01, 2026
Judgment - Final
Main Document:
Judgment - Final
Parties
BANEGAS AVILA
Party
FRINK
Party