Western District of Texas • 5:26-cv-01672

#1

Mar 10, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21541674), filed by Fernando Nicolas-Chan. (Attachments: # 1 Exhibit Parole Request Denied by DHS, # 2 Exhibit Criminal Case Summary, # 3 Exhibit Maldonado Bautista Class Action, # 4 Civil Cover Sheet Civil Cover Sheet)(Ramirez, Stephen) (Entered: 03/10/2026)

Mar 13, 2026

Remark (No Doc#)

Mar 13, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (mgr)

Mar 13, 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)

Mar 13, 2026

Remark: Spoke with Filing Attorney via email, case was erroneously filed in the Austin Division and was intended to be filed in the San Antonio Division. (cr5)

Mar 16, 2026

Case Assigned/Reassigned

Mar 16, 2026

To be Referred to SA Mag Judge

#2

Mar 17, 2026

ORDER FOR SERVICE AND FURTHER ORDERS OF THE COURT--IT IS FURTHER ORDERED that Respondents shall file a response to the Petition within five(5) days of the date of service. In preparing their response, if this case concerns, in whole or in part,whether the Petitioners detention violates due process, Respondents must consider the followingprior court orders issued in the Western District of Texas addressing this question and note anymaterial 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 Fernando Nicolas Chan 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: 03/17/2026)

#3

Mar 17, 2026

Certified Mail Receipt of 2 Order, 1 Petition for Writ of Habeas Corpus, (mgr) (Entered: 03/17/2026)

#4

Mar 23, 2026

Certified Mail Receipt delivered Stephanie Rico of 3 Certified Mail Receipt (vl) (Entered: 03/24/2026)

#5

Mar 25, 2026

RESPONSE to Petition for Writ of habeas Corpus by Pamela Bondi, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Miguel Vergara. (Attachments: # 1 Exhibit A (NTA), # 2 Exhibit B (2018-I-213), # 3 Exhibit C (I-830), # 4 Exhibit D (2026 I-213))(Esparza, Fidel) (Entered: 03/25/2026)

#6

Mar 25, 2026

Response

#7

Mar 31, 2026

Certified Mail Receipt

#8

Apr 04, 2026

Order AND ~Util - Terminate Motions

#9

Apr 04, 2026

Judgment

#10

Apr 10, 2026

Advisory to the Court