Southern District of Texas • 1:26-cv-00251

Matute Tapia v. Noem

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Case Information

Filed: March 02, 2026
Assigned to: Fernando Rodriguez Jr.
Referred to: Karen Betancourt
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: March 11, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 19, 2026
FILING ERROR DEFICIENT PLEADING - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32433774) Request for emergency relief to be separately filed..Document filed by Erika Annabel Matute Tapia. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Emergency Request of Relief).(Romero, Custodio) Modified on 2/19/2026 (jgo). (Entered: 02/19/2026)
#2
Feb 19, 2026
FIRST MOTION Order respondents to produce the petitioner within the Jurisdiction of this Court . Document filed by Erika Annabel Matute Tapia. Return Date set for 2/20/2026 at 11:00 AM..(Romero, Custodio) (Entered: 02/19/2026)
#3
Feb 19, 2026
NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on February 27, 2026 at 2:00 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents shall submit a letter, no later than February 20, 2026 at 12:00 p.m., indicating whether they believe the conference is necessary and addressing how the Court should handle this Petition. In the letter, Respondents should address: As further set forth in this order. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents are further ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by February 24, 2026. See 28 U.S.C. § 2243. Petitioner shall have an opportunity to reply, if necessary, by February 25, 2026. By today, February 19, 2026, Petitioner's counsel is DIRECTED (1) to serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorneys Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail, and (2) to promptly file proof of such service in the docket. Counsel for Respondents shall promptly enter notices of appearance. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. As further set forth in this Order. SO ORDERED. (Show Cause Response due by 2/24/2026.)( Replies due by 2/25/2026.) (Show Cause Hearing set for 2/27/2026 at 02:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 2/19/2026) (nm) (Entered: 02/19/2026)
#4
Feb 19, 2026
CERTIFICATE OF SERVICE of Writ Petition, Motion, and Order of the Honorable Court served on Defendant on 02/19/2026. Service was made by Mail and Email. Document filed by Erika Annabel Matute Tapia..(Romero, Custodio) (Entered: 02/19/2026)
Feb 19, 2026
***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Custodio Anibal Romero to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 2/24/2026. (jgo)
Feb 19, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Custodio Anibal Romero. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
Feb 19, 2026
Case Designated ECF. (jgo)
Feb 19, 2026
Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
Feb 19, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Feb 19, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Custodio Anibal Romero to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 2025; the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)
Feb 19, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Custodio Anibal Romero to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; do not include the 'Instructions' page. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 2/24/2026. (jgo)
#5
Feb 20, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pamela Bondi, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 02/20/2026)
#6
Feb 20, 2026
LETTER addressed to Judge Dale E. Ho from Brandon M. Waterman dated February 20, 2026 re: Response to the Court's order. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 02/20/2026)
#7
Feb 24, 2026
MOTION to Transfer Case to the U.S. District Court for the Southern District of Texas, or Alternatively, Dismiss. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 02/24/2026)
#8
Feb 24, 2026
MEMORANDUM OF LAW in Support re: 7 MOTION to Transfer Case to the U.S. District Court for the Southern District of Texas, or Alternatively, Dismiss. . Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 02/24/2026)
#9
Feb 24, 2026
DECLARATION of Assistant Field Office Director Carla Calidonio in Support re: 7 MOTION to Transfer Case to the U.S. District Court for the Southern District of Texas, or Alternatively, Dismiss.. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 02/24/2026)
#10
Feb 26, 2026
ORDER terminating 2 Motion ; granting 7 Motion to Transfer Case. Accordingly, for the reasons stated in Respondents' submission, this case must be transferred to the Southern District of Texas. ECF No. 8 at 3-5; Khalil v. Joyce, 771 F. Supp. 3d 268, 280-86 (S.D.N.Y. 2025). All conferences and deadlines are CANCELLED. The Court GRANTS Respondents' Motion to Transfer the case to the Southern District of Texas. This Court's Initial Scheduling Order prohibited removal of Petitioner from the United States. See ECF No. 3. That directive remains in effect unless and until the transferee court orders otherwise. The Clerk of Court is respectfully directed to terminate ECF No. 7 and to transfer this case to the Southern District of Texas. SO ORDERED.. (Signed by Judge Dale E. Ho on 2/26/2026) (ks) Transmission to Office of the Clerk of Court for processing. (Entered: 02/26/2026)
#11
Mar 02, 2026
Case transferred in from New York Southern. Case Number 1:26-cv-01391; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 03/02/2026)
Main Document: Case Transferred In - District Transfer
Mar 02, 2026
Referral Judge Selected: Magistrate Judge Karen Betancourt randomly selected to receive referrals. The District Judge has referred this case to the selected Magistrate Judge for all pretrial matters, pursuant to 28 U.S.C. 636(b). The parties may also consent to having the case assigned to the selected Magistrate Judge. (mp1)
Mar 02, 2026
Referral Judge Selected
#12
Mar 05, 2026
Order
Main Document: Order
#13
Mar 09, 2026
Notice of Resetting (FORM, noticing) - Civil
Main Document: Notice of Resetting (FORM, noticing) - Civil
#14
Mar 11, 2026
Notice of Appearance
Main Document: Notice of Appearance