Northern District of Texas • 6:26-cv-00122

Martinez Vilchez v. Warden, Eden Detention Center

Completed

Case Information

Filed: March 25, 2026
Assigned to: James Wesley Hendrix
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: May 21, 2026
Last Activity: June 08, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 25, 2026
PETITION for Writ of Habeas Corpus filed by Kerly Cecilia Montiel Garcia. (Filing fee $5.00; receipt number 600000511) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Affidavit(s), # 2 Exhibit(s)) (ada) (Entered: 03/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 25, 2026
Emergency MOTION to Stay of Removal filed by Kerly Cecilia Montiel Garcia. (ada) (Entered: 03/25/2026)
Main Document: Emergency MOTION
#3
Mar 25, 2026
Emergency MOTION to Prevent Transfer filed by Kerly Cecilia Montiel Garcia. (ada) (Entered: 03/25/2026)
Main Document: Emergency MOTION
#4
Mar 25, 2026
MOTION for Bond Hearing in Immigration Court filed by Kerly Cecilia Montiel Garcia. (ada) (Entered: 03/25/2026)
Main Document: MOTION
#5
Mar 25, 2026
New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) (ada) (Entered: 03/25/2026)
#6
Mar 25, 2026
Notice and Instruction to Pro Se Party. (ada) (Entered: 03/25/2026)
Main Document: Notice
Mar 25, 2026
***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mailed to Kerly Cecilia Montiel Garcia at 1815 Mallen Farm RDG Crandall TX 75114 on Wed Mar 25 11:40:52 CDT 2026 (crt)
#7
Mar 31, 2026
NOTICE OF DEFICIENCY AND ORDER. The Clerk is directed to change the caption of this case to reflect that the only proper petitioner is Daniel Alberto Martinez Vilchez, who is proceeding pro se. Montiel Garcia will be removed as a party to the case. As a result, if Petitioner Martinez Vilchez wishes to pursue these habeas claims, he must file an amended petition within 30 days. The amended petition must be signed. If Martinez Vilchez fails to timely file an amended petition, the Court will dismiss this action for want of prosecution without further notice. The Clerk is directed to mail a copy of this order to Montiel Garcia. But she will not receive any further notice of the proceedings here. The Clerk is also directed to mail Petitioner Martinez Vilchez a copy of the original petition filed here, Dkt. No. 1, and a blank Section 2241 form marked, "amended" and stamped with this cause number. The Clerk is directed to change the caption to reflect that the Warden of the Eden Detention Center is the only proper respondent. All other named respondents will be terminated. (Ordered by Judge James Wesley Hendrix on 3/31/2026) (ada) (Entered: 03/31/2026)
Main Document: Order And Notice of Deficiency
Mar 31, 2026
***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mailed to Daniel Alberto Martinez Vilchez at BOP Eden Detention Center (Including 2241 Amended Petition and 1 ) and Kerly Cecilia Montiel Garcia at 1815 Mallen Farm RDG Crandall, TX 75114 on Tue Mar 31 11:08:58 CDT 2026 (crt)
#8
May 06, 2026
DEFICIENCY SHOW CAUSE ORDER. The Court orders that if Petitioner intends to pursue relief, he must-within 14 days from the date of this order-file his amended petition or show cause why the petition should not be dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). If Petitioner fails to respond to this order, the Court will dismiss the petition without further notice. (Ordered by Judge James Wesley Hendrix on 5/6/2026) (mms) (Entered: 05/06/2026)
Main Document: Order to Show Cause/Order to Answer
May 06, 2026
***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed May 6 15:03:06 CDT 2026 (crt)
#9
May 19, 2026
Mail returned as undeliverable. 8 Deficiency Show Cause Order Receipt received back from Daniel Alberto Martinez Vilchez at BOP Eden Detention Center as Return to Sender - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ada) (Entered: 05/19/2026)
Main Document: Mail
#10
May 21, 2026
ORDER. This case cannot proceed because Petitioner has not cured the filing deficiency or otherwise shown any interest in pursuing his claims and his address is unknown. The Court, therefore, finds that Petitioners petition for writ of habeas corpus should be dismissed without prejudice for want of prosecution and for failure to comply with the Courts prior orders. Additionally, the online detainee locator system maintained by the United States Immigration and Customs Enforcement (ICE) indicates that Petitioner is no longer in ICE custody. Thus, it appears that the petition is also subject to dismissal as moot. (Ordered by Judge James Wesley Hendrix on 5/21/2026) (kmr) (Entered: 05/21/2026)
Main Document: Order of Dismissal or Administrative Closure
#11
May 21, 2026
JUDGMENT. For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that this petition for writ of habeas corpus is dismissed without prejudice. (Ordered by Judge James Wesley Hendrix on 5/21/2026) (kmr) (Entered: 05/21/2026)
Main Document: Judgment
May 21, 2026
***Clerk's Notice of delivery: (see NEF for details) Docket No:10, 11. Mailed to Daniel Alberto Martinez Vilchez at BOP Eden Detention Center on Thu May 21 13:35:39 CDT 2026 (crt)
#12
Jun 08, 2026
Mail returned as undeliverable. 10 Order, 11 Judgment, received back from Daniel Alberto Martinez Vilchez at BOP Eden Detention Center as Return to Sender - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ada) (Entered: 06/08/2026)
Main Document: Mail

Parties

Montiel Garcia
Party
Warden, Eden Detention Center
Party