Southern District of Texas • 1:25-cv-00057

#1

Mar 15, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-33082540) filed by Daniel Enrique ZACARIAS MATOS. (Diez, Jaime) (Entered: 03/15/2025)

#2

Mar 15, 2025

Other EXHIBITS by Daniel Enrique ZACARIAS MATOS, filed. (Diez, Jaime) (Entered: 03/15/2025)

#3

Mar 15, 2025

TEMPORARY RESTRAINING ORDER entered. This Temporary Restraining Order shall expire on the earlier of 5:00 p.m. (central standard time) of Friday, March 21, 2025, or by Order of the Court; and The Court shall hold a hearing on Wednesday, March 19, 2025, at 8:30 a.m., at which time the Court will consider whether to issue a preliminary injunction or other form of emergency relief as requested in the Verified Petition for Writ of Habeas Corpus (Doc. 1). (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 03/15/2025)

Mar 15, 2025

***Set/Reset Deadlines/Hearings: Responses due by 3/18/2025. Injunction Hearing set for 3/19/2025 at 08:30 AM in Courtroom 6 before Judge Fernando Rodriguez Jr (bce1)

Mar 15, 2025

Set/Reset Deadlines/Hearings

#4

Mar 17, 2025

ORDER entered. It is ORDERED that, by no later than noon on March 18, 2025, the Respondents shall file a copy of Petitioner Daniel Enrique Zacarias Matos's A-File. The filing shall be made under seal and shall be Bates-stamped. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (jmt1) Modified on 3/17/2025 (jmt1). (Entered: 03/17/2025)

#5

Mar 17, 2025

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (jrl1) (Entered: 03/17/2025)

#6

Mar 17, 2025

Opposed MOTION for Extension of Time File Response and Motion to Continue Hearing by Francisco Venegas, Michael Vergara, Todd M Lyons, Kristi Noem, Pamela Jo Bondi, filed. Motion Docket Date 4/7/2025. (Attachments: # 1 Referenced Attachment, # 2 Proposed Order) (Masso, Nancy) (Entered: 03/17/2025)

#7

Mar 17, 2025

NOTICE of Appearance by Nancy L. Masso on behalf of Francisco Venegas, Michael Vergara, Todd M Lyons, Kristi Noem, Pamela Jo Bondi, filed. (Masso, Nancy) (Entered: 03/17/2025)

Mar 17, 2025

Referral Judge Selected

Mar 17, 2025

Referral Judge Selected: Magistrate Judge Ignacio Torteya, III 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. (jrl1)

#8

Mar 18, 2025

ORDER and Extension of Temporary Restraining Order. The Court finds that good cause supports the requested relief. As a result, it is: ORDERED that the Respondents' Motion for Extension of Time to File Response to Request for Preliminary Injunction and Petition for Habeas Corpus Relief and Motion to Continue March 19, 2025 Hearing (Doc. 6 ) is GRANTED to the extent indicated in this Order; ORDERED that the hearing currently scheduled for Wednesday, March 19, 2025, is rescheduled to Wednesday, March 26, 2025, at 8:30 a.m., at which time the Court will consider whether to issue a preliminary injunction or other form of emergency relief as requested in the Verified Petition for Writ of Habeas Corpus (Doc. 1 ); and ORDERED that by no later than noon on March 25, 2025, the Respondents shall file a Response as to the issues that the Court will consider at the March 26, 2025, hearing. The Court also finds that good cause exists to extend the Temporary Restraining Order (Doc. 3 ). The parties have reached agreement to an extension through March 29, 2025, and the extension will ensure that the status quo is maintained through the rescheduled hearing date, to permit the Court to consider the issues raised by the Petition for Writ of Habeas Corpus. As a result, it is also: ORDERED that the Temporary Restraining Order (Doc. 3 ) is extended as follows: The Respondents are enjoined from transferring or relocating Daniel Enrique Zacarias Matos from the El Valle Detention Center, and are enjoined from transporting Daniel Enrique Zacarias Matos outside of Willacy County or Cameron County, Texas, without an Order from the Court. The Temporary Restraining Order shall expire on the earlier of 5:00 p.m. (central time) of Saturday, March 29, 2025, or by Order of the Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bav1) (Entered: 03/18/2025)

#9

Mar 18, 2025

NOTICE of Appearance by Daniel D. Hu on behalf of Francisco Venegas, Michael Vergara, Todd M Lyons, Kristi Noem, Pamela Jo Bondi, filed. (Hu, Daniel) (Entered: 03/18/2025)

#10

Mar 18, 2025

SEALED DOCUMENT A-File by Francisco Venegas, Michael Vergara, Todd M Lyons, Kristi Noem, Pamela Jo Bondi, filed. (Attachments: # 1 Temporary A-File) (Masso, Nancy) (Entered: 03/18/2025)

#11

Mar 19, 2025

Request for Issuance of Summons as to Pamela Jo Bondi, Todd M Lyons, Kristi Noem, Francisco Venegas, Michael Vergara, filed. (Diez, Jaime) (Entered: 03/19/2025)

#12

Mar 20, 2025

ORDER entered. It is ORDERED that by no later than 5:00 p.m. on March 25, 2025, Petitioner Daniel Enrique Zacarias Matos shall file a brief presenting his arguments in favor of the emergency injunctive relief that he requests, and addressing the Respondents argument that the Alien Enemies Act, 50 U.S.C. § 21, authorizes his removal based on the March 15 Presidential Proclamation. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (sac1) (Entered: 03/20/2025)

#13

Mar 21, 2025

MOTION to Appear Pro Hac Vice for Ahilan T. Arulanantham (Fee Paid: $100, receipt number ATXSDC-33116563) by Daniel Enrique Zacarias Matos, filed. Motion Docket Date 4/11/2025. (Arulanantham, Ahilan) (Additional attachment(s) added on 3/24/2025: # 1 Verified Bar Membership Status) (jrl1). (Entered: 03/21/2025)

#14

Mar 21, 2025

NOTICE of Appearance by Devin Barrett on behalf of Francisco Venegas, Michael Vergara, Todd M Lyons, Kristi Noem, Pamela Jo Bondi, filed. (Barrett, Devin) (Entered: 03/21/2025)

#15

Mar 21, 2025

Summons Issued as to 1.) Pamela Jo Bondi, 2.) Todd M Lyons, 3.) Kristi Noem, 4.) Francisco Venegas, 5.) Michael Vergara, 6.) U.S. Attorney. Issued summons delivered to plaintiff by NEF, filed. (jrl1) (Entered: 03/21/2025)

#16

Mar 24, 2025

ORDER granting 13 Motion for Ahilan T. Arulanantham to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 03/24/2025)

#17

Mar 24, 2025

NOTICE of Setting. Parties notified. Telephone Conference set for 3/24/2025 at 03:30 PM by TELEPHONE before Judge Fernando Rodriguez Jr, filed. (bce1) (Entered: 03/24/2025)

#18

Mar 24, 2025

ORDER AND EXTENSION OF TEMPORARY RESTRAINING ORDER. ORDERED that the hearing currently scheduled for Wednesday, March 26, 2025, is rescheduled to Monday, April 7, 2025, at 8:30 a.m. ORDERED that by no later than March 28, 2025, the Respondents shall file a Response as to the issues that the Court will consider at the April 7, 2025, hearing; ORDERED that by no later than April 3, 2025, the Petitioner shall file a Reply to the Respondents Response. ORDERED that the Temporary Restraining Order (Doc. 3) is extended. The Temporary Restraining Order shall expire on the earlier of 4:00 p.m. (central time) on Monday, April 7, 2025, or by Order of the Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (dlr1) (Entered: 03/24/2025)

#19

Mar 24, 2025

MOTION to Appear Pro Hac Vice for Kevin Hirst (Fee Exempt) by Francisco Venegas, Michael Vergara, Todd M Lyons, Kristi Noem, Pamela Jo Bondi, filed. Motion Docket Date 4/14/2025. (Hirst, Kevin) (Additional attachment(s) added on 3/25/2025: # 1 Verified Bar Membership Status) (jrl1). (Entered: 03/24/2025)

Mar 24, 2025

Telephone Conference

Mar 24, 2025

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Telephone Appearances: Jaime M Diez f/Petitioner; Sarah Wilson, Devin Leanne Barrett, Kevin Hirst, Nancy Lynn Masso & Daniel David Hu f/Respondents; (ERO: Dorina Reyna) (Law Clerk: Mishan Kara) [Court time: 3:34-3:53]. TELEPHONE CONFERENCE held on 3/24/2025. Case called appearances made. Court addressed the parties; discussion held. Court ordered Respondents' Response brief due by March 28, 2025; Petitioner's reply due by April 3, 2025; Injunction Hearing rescheduled to Apri 7, 2025 at 8:30 a.m.; TRO extended through date of hearing. Written order to be issued. Parties excused. (bce1)

#20

Mar 25, 2025

AO 435 TRANSCRIPT REQUEST by Fernando Rodriguez, Jr. for Transcript of Telephonic Conference held on 3/24/2025 before Judge Fernando Rodriguez, Jr. 14-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (jrl1) (Entered: 03/25/2025)

#21

Mar 25, 2025

AO 435 TRANSCRIPT REQUEST by NANCY L. MASSO for Transcript of Telephonic Conference held on 3/24/25 before Judge Fernando Rodriguez, Jr.. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Masso, Nancy) (Entered: 03/25/2025)

Mar 25, 2025

FTR Audio and Files Electronically Sent to Judicial Transcribers of Texas re 20 AO435 Transcript Request, as to Telephonic Conference held on 3/24/2025 before Judge Fernando Rodriguez, Jr. Estimated Transcription Completion Date: 4/8/2025. (jrl1) J.T.T. advised that a transcript cannot be produced due to technical difficulties with the recording. Modified on 5/6/2025 (rgd1).

Mar 25, 2025

FTR Audio and Files Electronically Sent to Judicial Transcribers of Texas re 20 AO435 Transcript Request, as to Telephonic Conference held on 3/24/2025 before Judge Fernando Rodriguez, Jr. Estimated Transcription Completion Date: 4/8/2025. (jrl1)

Mar 25, 2025

FTR Audio and Files Sent

Mar 25, 2025

FTR Audio and Files Electronically Sent to Judicial Transcribers of Texas re 21 AO435 Transcript Request (COPY), as to Telephonic Conference held on 3/24/2025 before Judge Fernando Rodriguez, Jr. Estimated Transcription Completion Date: 4/8/2025. (jrl1) J.T.T. advised that a transcript cannot be produced due to technical difficulties with the recording. Modified on 5/6/2025 (rgd1).

Mar 25, 2025

FTR Audio and Files Electronically Sent to Judicial Transcribers of Texas re 21 AO435 Transcript Request (COPY), as to Telephonic Conference held on 3/24/2025 before Judge Fernando Rodriguez, Jr. Estimated Transcription Completion Date: 4/8/2025. (jrl1)

#22

Mar 27, 2025

Joint MOTION to Vacate 18 Order,, by Pamela Jo Bondi, Todd M Lyons, Kristi Noem, Francisco Venegas, Michael Vergara, filed. Motion Docket Date 4/17/2025. (Attachments: # 1 Proposed Order) (Barrett, Devin) (Entered: 03/27/2025)

#23

Mar 28, 2025

ORDER granting 22 Motion to Vacate. ORDERED that the briefing schedule established in the Courts March 24, 2025, Order (Doc. 18) is VACATED; ORDERED that by no later than March 31, 2025, the parties shall file a Joint Status Report and proposed briefing schedule; ORDERED that the preliminary injunction hearing scheduled for April 7, 2025, at 8:30 a.m. is CANCELED; and ORDERED that a status conference is scheduled for April 7, 2025, at 10:00 a.m. The parties shall appear by teleconference. The Temporary Restraining Order (Doc. 18) remains in full effect.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (dlr1) (Entered: 03/28/2025)

Mar 28, 2025

Set/Reset Deadlines/Hearings AND Terminate Deadlines (PUBLIC ENTRY)

Mar 28, 2025

***Set/Reset Deadlines/Hearings: Status Report due by 3/31/2025 Telephone Conference set for 4/7/2025 at 10:00 AM Courtroom 6 before Judge Fernando Rodriguez Jr (dlr1)

#24

Mar 31, 2025

STATUS REPORT by Pamela Jo Bondi, Todd M Lyons, Kristi Noem, Francisco Venegas, Michael Vergara, filed. (Barrett, Devin) (Entered: 03/31/2025)

#25

Apr 01, 2025

ORDER granting 19 Motion for Kevin Hirst to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/01/2025)

#26

Apr 01, 2025

ORDER, entered. ORDERED that the parties shall file a joint proposed briefing and hearing schedule by no later than April 3, 2025. A telephonic status conference remains scheduled for 10:00 a.m. on April 7, 2025. The Temporary Restraining Order (Doc. 18) remains in full effect. Brief due by 4/3/2025 (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (mp1) (Entered: 04/01/2025)

#27

Apr 03, 2025

NOTICE of Resetting. Parties notified. Telephone Conference set for 4/7/2025 at 01:30 PM by telephone before Judge Fernando Rodriguez Jr, filed. (TIME CHANGE ONLY) (bce1) (Entered: 04/03/2025)

#28

Apr 03, 2025

STATUS REPORT by Pamela Jo Bondi, Todd M Lyons, Kristi Noem, Francisco Venegas, Michael Vergara, filed. (Barrett, Devin) (Entered: 04/03/2025)

#29

Apr 04, 2025

NOTICE. The parties shall be prepared to discuss a briefing schedule at the status conference set for April 7, 2025. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (jrl1) (Entered: 04/04/2025)

#30

Apr 07, 2025

NOTICE of Appearance by Sofia Lopez Franco on behalf of Daniel Enrique Zacarias Matos, filed. (Lopez Franco, Sofia) (Entered: 04/07/2025)

#31

Apr 07, 2025

PRELIMINARY INJUNCTION AND SCHEDULING ORDER entered. Petitioner's Brief due by 4/14/25; Respondent's Response due 4/21/25; Reply Brief due by 4/28/25; Evidentiary Hearing set for 5/5/25 at 9:00 a.m. This Preliminary Injunction shall expire on the earlier of 4:00 p.m. (central time) on Monday, May 12, 2025, or by Order of the Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/07/2025)

Apr 07, 2025

Status Conference

Apr 07, 2025

***Set/Reset Deadlines/Hearings: Brief due by 4/14/2025; Responses due by 4/21/2025; Replies due by 4/28/2025; Evidentiary Hearing set for 5/5/2025 at 09:00 AM in Courtroom 6 before Judge Fernando Rodriguez Jr. (bce1)

Apr 07, 2025

Set/Reset Deadlines/Hearings

Apr 07, 2025

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Ahilan T Arulanantham and Sofia Lopez Franco f/Petitioner; Devin Leanne Barrett and Kevin Hirst f/Respondents; (Court Reporter: Sheila Perales) (Law Clerk: Craig Smith) [Court time: 1:30-1:50]. TELEPHONIC STATUS CONFERENCE held on 4/7/2025. Case called; appearances made. Court addressed parties regarding status of case; discussion held. Based on agreement by the parties, the TRO shall be converted to preliminary injunction; written order to be issued. Court ordered a court interpreter shall be provided by the Court for the evidentiary hearing. Parties excused. (bce1)

#32

Apr 08, 2025

NOTICE of Setting. Parties notified. Telephone Conference set for 4/9/2025 at 09:15 AM before Judge Fernando Rodriguez Jr, filed. (bce1) (Entered: 04/08/2025)

Apr 09, 2025

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Ahilan T Arulanantham, Sofia Lopez Franco, and Jaime Diez f/Petitioner; Devin Leanne Barrett, Kevin Hirst, Nancy Lynn Masso & Daniel David Hu f/Respondents; (Court Reporter: Sheila Perales) (Law Clerks: Craig Smith, Mishan Kara) [Court time: 9:16-9:27]. TELEPHONE CONFERENCE held on 4/9/2025. Case called; appearances made. Court addressed parties regarding the impact of the Supreme Court's decision in J.G.G.; discussion held. Court informed parties of new class action habeas petition (25cv72). Counsel instructed Court that they are discussing a possible stipulation that may affect the disposition of this case. Court informed parties that scheduling order shall remain in place unless stipulation is filed. Parties excused. (bce1)

Apr 09, 2025

Telephone Conference

#33

Apr 14, 2025

BRIEF Support of Granting the Writ by Daniel Enrique Zacarias Matos, filed. (Attachments: # 1 Exhibit Petitioner's Declaration, # 2 Exhibit Professor Andres Antillano Expert Declaration, # 3 Exhibit Certified Copies of Criminal Complaints, # 4 Exhibit Motion Hearing Transcript) (Lopez Franco, Sofia) (Entered: 04/14/2025)

#34

Apr 17, 2025

Supplemental EXHIBITS by Daniel Enrique Zacarias Matos. Attached documents may be viewed in the Office of the Clerk., filed. (Diez, Jaime) (Entered: 04/17/2025)

#35

Apr 21, 2025

BRIEF in Opposition of Granting the Writ by Pamela Jo Bondi, Todd M Lyons, Kristi Noem, Francisco Venegas, Michael Vergara, filed. (Attachments: # 1 Exhibit A, Carlos D. Cisneros Declaration, # 2 Exhibit B, Jesus S. Anchondo Declaration, # 3 Exhibit C, Photos of Petitioner's Tattoos) (Barrett, Devin) (Entered: 04/21/2025)

#36

Apr 28, 2025

REPLY Brief, filed by Daniel Enrique Zacarias Matos. (Attachments: # 1 Exhibit List, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 10) (Diez, Jaime) (Entered: 04/28/2025)

#37

Apr 28, 2025

MOTION for Discovery by Daniel Enrique Zacarias Matos, filed. Motion Docket Date 5/19/2025. (Diez, Jaime) (Entered: 04/28/2025)

#38

Apr 29, 2025

NOTICE of Setting. Parties notified. Telephone Conference set for 5/1/2025 at 10:00 AM by telephone before Judge Fernando Rodriguez Jr, filed. (bce1) (Entered: 04/29/2025)

#39

May 01, 2025

NOTICE of Resetting. Parties notified. Telephone Conference set for 5/1/2025 at 11:00 AM by telephone before Judge Fernando Rodriguez Jr, filed. (bce1) (Entered: 05/01/2025)

May 01, 2025

Terminate Deadlines (PUBLIC ENTRY)

May 01, 2025

Evidentiary Hearing set 5/5/2025 is terminated. (bce1)

May 01, 2025

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Ahilan Thevanesan Arulanantham, Sofia Lopez Franco, and Jaime M Diez f/Petitioner; Devin Leanne Barrett and Daniel David Hu f/Respondents; (Court Reporter: Sheila Perales) (Law Clerk: Craig Smith) [Court time: 11:02-11:17]. TELEPHONE CONFERENCE held on 5/1/2025. Case called; appearances made. Court addressed the parties regarding the recent orders issued in 1:25-CV-72 J.A.V., et al vs. Trump, et al; discussion held. Evidentiary Hearing scheduled for Monday, May 5, 2025 canceled. Court denied as moot 37 MOTION for Discovery. Respondents made Oral Request to modify TRO; oral motion denied. Parties excused. (bce1)

May 01, 2025

Telephone Conference

May 05, 2025

***Due to technical difficulties with the recording equipment, an official transcript cannot be produced as requested in docket entries 20 and 21, filed. (rgd1)

#40

May 06, 2025

STIPULATION re: Modification of the Injunction by Pamela Jo Bondi, Todd M Lyons, Kristi Noem, Francisco Venegas, Michael Vergara, filed. (Attachments: # 1 Proposed Order) (Barrett, Devin) (Entered: 05/06/2025)

#41

May 06, 2025

NOTICE entered. The Court accepts the modification of its Preliminary Injunction and confirms that the removal of Petitioner Daniel Enrique Zacarias Matos to Venezuela. The Court will not extend the Preliminary Injunction, but will await the parties' Joint Status Report on May 12, 2025, before issuing a final order in this matter. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 05/06/2025)

May 06, 2025

Remark (*PUBLIC ENTRY)

#42

May 12, 2025

Joint MOTION to Dismiss by Daniel Enrique Zacarias Matos, filed. Motion Docket Date 6/2/2025. (Diez, Jaime) (Entered: 05/12/2025)

#43

May 13, 2025

ORDER granting 42 Motion to Dismiss. The Clerk of Court is directed to close this matter.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (dlr1) (Entered: 05/13/2025)