Southern District of Texas • 5:26-cv-00285

Arocha Merencio v. Acting Director of U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: February 25, 2026
Assigned to: John A. Kazen
Referred to: Brian C. Bajew
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 03, 2026
Last Activity: August 18, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 25, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Yassel Arocha Merencio. (Attachments: # 1 Envelope) (vm5) (Additional attachment(s) added on 2/26/2026: # 2 Cover Letter) (vm5). (Additional attachment(s) added on 2/26/2026: # 3 Exhibit) (vm5). (Entered: 02/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 25, 2026
MOTION for Temporary Restraining Order by Yassel Arocha Merencio, filed. Motion Docket Date 3/18/2026. (vm5) (Entered: 02/26/2026)
Main Document: Temporary Restraining Order
#3
Feb 25, 2026
MOTION to Expedite Consideration by Yassel Arocha Merencio, filed. Motion Docket Date 3/18/2026. (vm5) (Entered: 02/26/2026)
Main Document: Expedite
#4
Feb 25, 2026
MOTION for Appointment of Counsel by Yassel Arocha Merencio, filed. Motion Docket Date 3/18/2026. (vm5) (Entered: 02/26/2026)
Main Document: Appointment
#5
Feb 25, 2026
MEMORANDUM of Law in Support of Habeas Petition by Yassel Arocha Merencio, filed. (vm5) (Entered: 02/26/2026)
Main Document: Memorandum
#6
Feb 25, 2026
DECLARATION of Sandra Maria Cutino Martinez as Next Friend of Yassel Arocha Merencio, filed. (vm5) (Entered: 02/26/2026)
Main Document: Declaration
#7
Feb 25, 2026
DECLARATION of Hardship, filed. (vm5) (Entered: 02/26/2026)
Main Document: Declaration
#8
Feb 25, 2026
ADDENDUM AND SUPPLEMENTAL DECLARITON of Sandra Maria Cutino Martinez as Next Friend of Yassel Arocha Merencio, filed. (vm5) (Entered: 02/26/2026)
Main Document: Declaration
#10
Feb 25, 2026
ADDENDUM regarding Pending USCIS adjustment filed by Sandra Maria Cutino Martinez as Next Friend of Yassel Arocha Merencio, filed. (vm5) (Entered: 02/26/2026)
Main Document: Declaration
#11
Feb 25, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (vm5) (Entered: 02/26/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
Feb 25, 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. (vm5)
#9
Feb 26, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 02/26/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#12
Feb 26, 2026
ORDER. The Court ORDERS the attached form be completed and received by 3/6/2026. The Court may dismiss the 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 because it does not have enough information to proceed. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 02/26/2026)
Main Document: Order
#13
Feb 26, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (vm5) (Entered: 02/26/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
Feb 26, 2026
Filing fee: $5 re: 1 Petition for Writ of Habeas Corpus,, receipt number 500001780, filed. (akp5)
Feb 26, 2026
Referral Judge Selected
Mar 02, 2026
Filing Fee Received
#15
Mar 03, 2026
SEALED RESPONSE to Questionnaire for Next of Friend Filing Petition for Writ of Habeas Corpus by Sanra Maria Cutino Martinez, filed. (jgr5) (Entered: 03/03/2026)
Main Document: Sealed Document (use only if no other applicable option available)
#16
Mar 05, 2026
***DUPLICATE FILING *** Questionnaire for Next of Friend Filing Petition for Writ of Habeas Corpus from Sandra maria Cutino Martinez, filed. (vm5) Modified on 3/9/2026 (vm5). (Entered: 03/06/2026)
Main Document: Document
#17
Apr 20, 2026
ORDER the Court ACCEPTS Petitioners Petition filed as next friend, (Dkt. No. 1). Based upon a review of the Petition and the additional information, the Court ORDERS Respondent to file a response to the petition and serve their response on Petitioner no later than April 27, 2026.1 28 U.S.C. § 2243. Should Petitioner wish to file a reply, they must do so no later than May 4, 2026. re: 1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) Responses due by 4/27/2026. (Signed by Judge John A Kazen) Parties notified. (vm5) (Entered: 04/20/2026)
Main Document: ORDER
#23
Apr 27, 2026
MOTION - Status, Renewed Motion to Expedite, and Renewed Request for Temporary Restraining Order, filed. Motion Docket Date 5/18/2026. (Attachments: # 1 Envelope) (vm5) (Entered: 04/28/2026)
Main Document: Miscellaneous Relief
#25
Apr 27, 2026
Certified Mail Receipt Returned re: 19 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (vm5) (Entered: 05/01/2026)
Main Document: Certified Mail Receipt Returned
#24
Apr 30, 2026
MOTION for Extension of Time TO RESPOND TO HABEAS PETITION by Acting Director, Field Office Director, filed. Motion Docket Date 5/21/2026. (Attachments: # 1 Proposed Order) (Drootman, Eric) (Entered: 04/30/2026)
Main Document: Extension of Time
Apr 30, 2026
NOTICE OF APPEARANCE by Eric Joel Drootman on behalf of Acting Director, Field Office Director, filed. (Drootman, Eric)
Apr 30, 2026
Notice of Appearance - USA (Govt Use Only)
#26
May 06, 2026
MOTION for Summary Judgment by Acting Director, Field Office Director, filed. Motion Docket Date 5/27/2026. (Attachments: # 1 Exhibit 1 - Notice to Appear, # 2 Exhibit 2 - Initial I-213, # 3 Exhibit 3 - I-213 from re-arrest, # 4 Exhibit 4- Removal Order, # 5 Exhibit 5 - BIA Appeal, # 6 Exhibit 6. - updated parole record, # 7 Proposed Order) (Drootman, Eric) (Entered: 05/06/2026)
Main Document: Summary Judgment
#27
May 22, 2026
RESPONSE in Opposition to 26 MOTION for Summary Judgment, filed by Yassel Arocha Merencio. (Attachments: # 1 Envelope) (vm5) (Entered: 05/22/2026)
Main Document: Response in Opposition to Motion
#28
Jun 08, 2026
MOTION FOR IMMEDIATE RELEASE by Yassel Arocha Merencio, filed. Motion Docket Date 6/29/2026. (Attachments: # 1 Envelope) (vm5) (Entered: 06/08/2026)
Main Document: Miscellaneous Relief
#29
Jul 06, 2026
ORDER. In light of the Fifth Circuits recent decision in Sosnava Rodriguez v. Ortega, No. 26-50183 (5th Cir. July 2, 2026), the Court requires supplemental briefing.Accordingly, the Court ORDERS Respondents to file supplemental briefing by July 9, 2026, addressing (1) whether Petitioner is detained under Section 1225(b)(2) and subject to the 90-day detention limitation in Sosnava, (2) the current length of Petitioners detention, and (3) the effect of the decision on Petitioners claims for release.Petitioner may reply to Respondents supplemental briefing by July 13, 2026. (Signed by Judge John A Kazen) Parties notified. (jb5) (Entered: 07/06/2026)
Main Document: Order
#30
Jul 07, 2026
RESPONDENTS' SUPPLEMENTAL BRIEF by Acting Director, Field Office Director, filed. (Drootman, Eric) (Entered: 07/07/2026)
Main Document: Document
#35
Jul 20, 2026
MOTION to Expedite -Resolution of Habeas Petition by Yassel Arocha Merencio, filed. Motion Docket Date 8/10/2026. (Attachments: # 1 Envelope) (vm5) (Entered: 07/21/2026)
Main Document: Expedite
Jul 21, 2026
Expedite
#36
Jul 30, 2026
MOTION to Dismiss by Yassel Arocha Merencio, filed. Motion Docket Date 8/20/2026. (Attachments: # 1 Envelope) (rlt5) (Entered: 07/30/2026)
Main Document: Dismiss
#37
Jul 31, 2026
ORDER. The Court ORDERS Respondents to file an advisory by August 5, 2026, advising the Court on their position on granting Petitioner's Motion to Dismiss and entering a final judgment in this case. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 07/31/2026)
Main Document: Order
#38
Jul 31, 2026
RESPONDENTS' ADVISORY ON PETITIONER'S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS by Acting Director, Field Office Director, filed. (Drootman, Eric) (Entered: 07/31/2026)
Main Document: Document
#39
Aug 03, 2026
FINAL JUDGMENT. Petitioners Motion to Dismiss his Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241, (Dkt. No. 36), was GRANTED.The Clerk of the Court is DIRECTED to TERMINATE this case.This is a FINAL JUDGMENT. (Signed by Judge John A Kazen) Parties notified. (rlt5) (Entered: 08/03/2026)
Main Document: Judgment - Final AND Order
#40
Aug 03, 2026
ORDER. Here, given Petitioners request to withdraw his Petition and that Respondents are unopposed to the Motion, the Court GRANTS Petitioners Motion to Dismiss his Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, (Dkt. No. 36). Petitioners claims against Respondents Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director, ICE San Antonio Field Office, and Warden, Rio Grande Detention Center, are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to mail this Order to Petitioner, by regular mail and any receipted means, at the address on file with the Court.A final judgment will follow (SEE DKT 39*). (Signed by Judge John A Kazen) Parties notified. (rlt5) Modified on 8/3/2026 (rlt5). (Entered: 08/03/2026)
Main Document: Order
#43
Aug 18, 2026
Mail Returned Undeliverable
Main Document: Mail Returned Undeliverable