Southern District of Texas • 5:26-cv-00456
HERNANDEZ DE LA CRUZ v. DHS
Active
Case Information
Filed: March 20, 2026
Assigned to:
John A. Kazen
Referred to:
Christopher A. dos Santos
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 10, 2026
Parties:
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Docket Entries
#1
Mar 20, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-35378095) filed by BRIAN ARATH HERNANDEZ DE LA CRUZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Villalon, Lorena) (Entered: 03/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 20, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 03/20/2026)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Mar 20, 2026
Referral Judge Selected
Mar 20, 2026
Referral Judge Selected: Magistrate Judge Christopher dos Santos randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (clr5)
#3
Mar 23, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.)Court ORDERS Respondents to file a response to the petition and serve their response on Petitioner no later than March 30, 2026.Should Petitioner wish to file a reply, they must do so no later than April 6, 2026.1Petitioner is DIRECTED to serve the petition, (Dkt. No. 1), and its attachments on Respondents via certified mail pursuant to Rule 4 of the Federal Rules of Civil Procedure and include a copy of this Order with that service. Petitioner is ORDERED to file proof that service was sent via certified mail to Respondents by March 26, 2026. Respondents are ORDERED to notify Petitioners counsel and the Court of any anticipated or planned transfer or removal of Petitioner outside of the Southern District of Texas at least five (5) days before any such transfer. (Signed by Judge John A Kazen) Parties notified. (av5) (Entered: 03/23/2026)
#5
Mar 23, 2026
ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge John A Kazen) Parties notified. (egg5) (Entered: 03/23/2026)
Main Document:
Referring Case to Magistrate Judge (FORM)
#6
Mar 24, 2026
CERTIFICATE OF SERVICE by BRIAN ARATH HERNANDEZ DE LA CRUZ, filed. (Villalon, Lorena) (Entered: 03/24/2026)
Main Document:
Certificate of Service
#7
Mar 30, 2026
Opposed MOTION to Dismiss 1 Petition for Writ of Habeas Corpus, 3 Order,,, by PAMELA BONDI, DHS, EOIR LAREDO TX, KRISTI NOEM, MIGUEL VERGARA, filed. Motion Docket Date 4/20/2026. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order) (Qarana, Evan) (Entered: 03/30/2026)
Main Document:
Dismiss
#8
Apr 08, 2026
ORDER. The Court ORDERS Petitioner to file supplemental briefing by 4/14/2026, explaining the discrepancies between Petitioner's representations and Respondents' evidence. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 04/08/2026)
#9
Apr 14, 2026
REPLY to Response to 7 Opposed MOTION to Dismiss 1 Petition for Writ of Habeas Corpus, 3 Order,,,, filed by BRIAN ARATH HERNANDEZ DE LA CRUZ. (Villalon, Lorena) (Entered: 04/14/2026)
Main Document:
Reply to Response to Motion
#10
Apr 21, 2026
ORDER The Court GRANTS Petitioner leave to amend his petition by April 27, 2026. Respondents are ORDERED to file a response to the amended petition within seven days of its filing. If Petitioner fails to amend his petition, his petition may be dismissed without prejudice. (Signed by Judge John A Kazen) Parties notified. (vm5) (Entered: 04/21/2026)
Apr 21, 2026
NOTICE OF APPEARANCE by Gabriel Getachew Abebe on behalf of Pamela Bondi, DHS, EOIR LAREDO TX, KRISTI NOEM, MIGUEL VERGARA, filed. (Abebe, Gabriel)
#11
Apr 27, 2026
AMENDED PETITION with no against Pamela Bondi, DHS, EOIR LAREDO TX, KRISTI NOEM, Warden Rio Grande Processing Center, MIGUEL VERGARA filed by BRIAN ARATH HERNANDEZ DE LA CRUZ. Related document: 1 Petition for Writ of Habeas Corpus filed by BRIAN ARATH HERNANDEZ DE LA CRUZ. (Villalon, Lorena) (Entered: 04/27/2026)
Main Document:
AMENDED
#12
Apr 28, 2026
ORDER re: 11 Amended Complaint/Counterclaim/Crossclaim etc., (Served electronically on USAO per MOU.) The Court ORDERS Respondents to file a response to the petition and serve their response on Petitioner no later than May 5, 2026. 28 U.S.C. § 2243. Respondents should attach relevant evidence from Petitioners A-file to support its assertions of fact. Should Petitioner wish to file a reply, they must do so no later than May 12, 2026.(Signed by Judge John A Kazen) Parties notified. (mtl5) (Entered: 04/28/2026)
#14
May 05, 2026
MOTION to Dismiss 11 Amended Complaint/Counterclaim/Crossclaim etc., by Todd Blanche, DHS, EOIR LAREDO TX, Markwayne Mullin, MIGUEL VERGARA, filed. Motion Docket Date 5/26/2026. (Attachments: # 1 Proposed Order) (Abebe, Gabriel) (Entered: 05/05/2026)
Main Document:
Dismiss
#15
May 19, 2026
ORDER. The Court ORDERS Respondents to file supplemental briefing by 5/26/2026, replying to Petitioner's arguments about the burden of proof in a bond hearing and supporting their argument with legal authority. Petitioner may file a reply by 5/29/2026. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 05/19/2026)
Main Document:
Order
#16
May 26, 2026
SUPPLEMENT by Todd Blanche, DHS, EOIR LAREDO TX, Markwayne Mullin, MIGUEL VERGARA, filed. (Attachments: # 1 Exhibit) (Abebe, Gabriel) (Entered: 05/26/2026)
Main Document:
Supplement
#17
May 29, 2026
SUPPLEMENT to 15 Order, by BRIAN ARATH HERNANDEZ DE LA CRUZ, filed. (Villalon, Lorena) (Entered: 05/29/2026)
Main Document:
Supplement
#18
Jun 15, 2026
ORDER. the Court GRANTS Petitioner's 17 motion for leave to amend. The Court GRANTS Petitioner leave to amend the petition by 6/22/2026, regarding the status of Petitioner's detention and claims in this case. Respondents are ORDERED to file a response by 6/29/2026. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 06/15/2026)
Jun 15, 2026
Notice of Substitution by Ancy Thomas on behalf of Todd Blanche, DHS, EOIR LAREDO TX, Markwayne Mullin, MIGUEL VERGARA. Attorney Ancy Thomas added. Attorney Gabriel Getachew Abebe terminated, filed. (Thomas, Ancy)
Jun 15, 2026
Notice of Substitution - USA (Govt Use Only)
#19
Jun 22, 2026
Second AMENDED PETITION with no against Todd Blanche, DHS, EOIR LAREDO TX, Markwayne Mullin, Warden Rio Grande Processing Center, MIGUEL VERGARA filed by BRIAN ARATH HERNANDEZ DE LA CRUZ. Related document: 11 Amended Complaint/Counterclaim/Crossclaim etc., filed by BRIAN ARATH HERNANDEZ DE LA CRUZ, 1 Petition for Writ of Habeas Corpus filed by BRIAN ARATH HERNANDEZ DE LA CRUZ. (Villalon, Lorena) (Entered: 06/22/2026)
Main Document:
Amended Complaint/Counterclaim/Crossclaim etc.
#20
Jun 29, 2026
MOTION for Summary Judgment by Todd Blanche, DHS, EOIR LAREDO TX, Markwayne Mullin, MIGUEL VERGARA, filed. Motion Docket Date 7/20/2026. (Attachments: # 1 Proposed Order) (Thomas, Ancy) (Entered: 06/29/2026)
Main Document:
Summary Judgment
#21
Jun 29, 2026
SEALED EXHIBITS 1 re: 20 MOTION for Summary Judgment by Todd Blanche, DHS, EOIR LAREDO TX, Markwayne Mullin, MIGUEL VERGARA, filed. (Thomas, Ancy) (Entered: 06/29/2026)
Main Document:
Sealed Exhibits
#22
Aug 10, 2026
Notice of Reassignment (FORM, noticing) - Civil
Main Document:
Notice of Reassignment (FORM, noticing) - Civil
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