Active
Case Information
Filed: March 10, 2026
Assigned to:
Samuel Frederick Biery Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
March 11, 2026
Parties:
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Docket Entries
#1
Mar 10, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21538845), filed by ROBERTO LOPEZ FALCON. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix)(Gividen, Danial) (Entered: 03/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 10, 2026
MOTION for Temporary Restraining Order Preliminary Injunction by ROBERTO LOPEZ FALCON. (Attachments: # 1 Proposed Order)(Gividen, Danial) (Entered: 03/10/2026)
Main Document:
Temporary Restraining Order
Mar 10, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (mgr)
Mar 10, 2026
Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mgr)
#3
Mar 11, 2026
ORDER FOR SERVICE AND FURTHER ORDERS OF THE COURT--IT IS FURTHER ORDERED that Respondents shall file a response to the Petition and Motionwithin five (5) days of the date of service. In preparing their response, if this case concerns, in wholeor in part, whether the Petitioners detention violates due process, Respondents must consider thefollowing prior court orders issued in the Western District of Texas addressing this question and noteany material factual differences: Mendoza v. Noem, Case No. 5:26-CV-0728-JKP (ECF No. 9) (W.D.Tex. Feb. 26, 2026); Fernandez v. Vergara, Case No. SA-26-CA-00500-XR (ECF No. 8) (W.D. Tex.Feb. 26, 2026); Martinez v. Noem, No. 3:25-cv-430-KC, 2025 WL 2965859, at *3-5 (W.D. Tex. Oct.21, 2025); Santiago v. Noem, No. 3:25-cv-361-KC, 2025 WL 2792588, at *10-13 (W.D. Tex. Oct. 2,2025); and Lopez-Arevelo v. Ripa, 801 F. Supp. 3d 668, 685-87 (W.D. Tex. 2025). Failure to do somay result in a summary order granting all relief requested in the petition on that issue other than therequest for attorneys fees. In lieu of a full response, Respondents may choose to file a responseindicating that there are no material factual differences here and preserving all legal arguments madeby the Federal Respondents in those cases on the procedural due process claim. IT IS FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so nolater than 7 days after the Respondents file their answers/responses.-2-IT IS FURTHER ORDERED that any possible or anticipated removal or transfer ofPetitioner Roberto Lopez Falcon is IMMEDIATELY STAYED1 until further order from thisCourt. Respondents shall not transfer Petitioner outside of this judicial district during thependency of this litigation and until further Order of this Court. Of course, this stay does notpreclude Respondents from taking necessary steps to effect Petitioners removal, it merely stays thephysical removal or transfer of Petitioner.. Signed by Judge Fred Biery. (mgr) (Entered: 03/11/2026)
Main Document:
Order
#4
Mar 11, 2026
Certified Mail Receipt of 3 Order, 1 Petition for Writ of Habeas Corpus, 2 MOTION for Temporary Restraining Order Preliminary Injunction (mgr) (Entered: 03/11/2026)
Main Document:
Certified Mail Receipt
Mar 11, 2026
Case Assigned/Reassigned
Mar 11, 2026
To be Referred to SA Mag Judge
Parties
Lopez Falcon
Party
Mullin
Party