Southern District of Texas • 5:26-cv-00570

Phatsuria v. Department of Homeland Security

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Case Information

Filed: April 02, 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 21, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 02, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Saba Phatsuria. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Envelope) (aav5) (Main Document 1 replaced on 4/3/2026) (aav5). (Entered: 04/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 02, 2026
EMERGENCY MOTION for Immediate Release by Saba Phatsuria, filed. Motion Docket Date 4/23/2026. (aav5) (Entered: 04/03/2026)
Main Document: Emergency
#3
Apr 03, 2026
ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge John A Kazen) Parties notified. (aav5) (Entered: 04/03/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#4
Apr 03, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (aav5) (Entered: 04/03/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
Apr 03, 2026
Filing Fee Received
Apr 03, 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. (aav5)
Apr 03, 2026
Filing Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500001910, filed. (vm5)
Apr 03, 2026
Referral Judge Selected
#5
Apr 06, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (daw4) (Entered: 04/06/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#6
Apr 06, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 04/06/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#7
Apr 06, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.)The Court further DIRECTS the Clerk to send the Petition, (Dkt. No. 1), and this Order to the United States Attorney for the Southern District of Texas by electronic mail to USATXS.CivilNotice@usdoj.gov to provide notice of this action. Respondents will not be served further notice of activity on this docket automatically. (Signed by Judge John A Kazen) Parties notified. (egg5) (Entered: 04/06/2026)
Main Document: Order
#9
Apr 17, 2026
Supplemental NOTICE to the Court by Saba Phatsuria, filed. (Attachments: # 1 Exhibits, # 2 Envelope) (scg5) (Entered: 04/17/2026)
Main Document: Supplemental
#10
Apr 17, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus. Respondents are hereby ORDERED to file a response to the petition in accordance with the Courts prior Order, (Dkt. No. 7 ), and show good cause for their delay by April 22, 2026. (Served electronically on USAO per MOU.) (Signed by Judge John A Kazen) Parties notified. (scg5) (Entered: 04/17/2026)
Main Document: ORDER
#14
Apr 27, 2026
Certified Mail Receipt Returned from Saba Phatsuria re: 10 Order re: 12 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (scg5) (Entered: 04/28/2026)
Main Document: Certified Mail Receipt Returned
#15
Apr 28, 2026
ORDER TO SHOW CAUSE (Served electronically on USAO per MOU.) (Signed by Judge John A Kazen) Parties notified. (jb5) (Entered: 04/28/2026)
Main Document: Show Cause
Apr 29, 2026
NOTICE OF APPEARANCE by Eric Joel Drootman on behalf of Department of Homeland Security, Field Office Director, ICE Harlingen Office, U.S. Immigration & Customs Enforcement, filed. (Drootman, Eric)
Apr 29, 2026
Notice of Appearance - USA (Govt Use Only)
#19
May 01, 2026
RESPONSE TO ORDER TO SHOW CAUSE, filed by Department of Homeland Security, Field Office Director, ICE Harlingen Office, U.S. Immigration & Customs Enforcement. (Drootman, Eric) (Entered: 05/01/2026)
Main Document: Response to Order to Show Cause
#20
May 01, 2026
MOTION for Summary Judgment by Department of Homeland Security, Field Office Director, ICE Harlingen Office, U.S. Immigration & Customs Enforcement, filed. Motions referred to Christopher dos Santos. Motion Docket Date 5/22/2026. (Attachments: # 1 Exhibit 1 - ICE declaration, # 2 Proposed Order) (Drootman, Eric) (Entered: 05/01/2026)
Main Document: Summary Judgment
#21
May 01, 2026
NOTICE of Continued Non Compliance with Court Orders and Request for Immediate Release by Saba Phatsuria, filed. (Attachments: # 1 Envelope) (scg5) (Entered: 05/01/2026)
Main Document: Other Notice
#22
May 07, 2026
Petitioner's REPLY and Opposition to 20 Respondent's MOTION for Summary Judgment, filed by Saba Phatsuria. (Attachments: # 1 Envelope) (scg5) (Entered: 05/08/2026)
Main Document: Reply
#23
May 20, 2026
RESPONDENTS' ADVISORY REGARDING FORTHCOMING REMOVAL by Department of Homeland Security, Field Office Director, ICE Harlingen Office, U.S. Immigration & Customs Enforcement, filed. (Drootman, Eric) (Entered: 05/20/2026)
Main Document: Document
#24
Jun 02, 2026
NOTICE of Appearance by SERGEY RISKO on behalf of Saba Phatsuria, filed. (Risko, Sergey) (Entered: 06/02/2026)
Main Document: Notice of Appearance
#25
Jun 02, 2026
First MOTION for Temporary Restraining Order by Saba Phatsuria, filed. Motions referred to Christopher dos Santos. Motion Docket Date 6/23/2026. (Risko, Sergey) (Entered: 06/02/2026)
Main Document: Temporary Restraining Order
#26
Jun 03, 2026
STATUS REPORT by Saba Phatsuria, filed. (Attachments: # 1 Order Granting Withholding of Removal) (Risko, Sergey) (Entered: 06/03/2026)
Main Document: Status Report
#27
Jun 03, 2026
ORDER. Petitioner's Emergency 25 Motion for a Temporary Restraining Order and Preliminary Injunction and Petitioner's Emergency Status Report Imminent Removal to Country of Withholding and 26 Request for Immediate Telephonic Conference are GRANTED in part. Respondents and all of their officers, agents, servants, employees, attorneys, successors, assigns, and persons acting in concert or participation with them are hereby temporarily ENJOINED AND RESTRAINED from transferring Petitioner outside of this judicial district or removing him from the United States while the Court considers the merits of his claims. This Temporary Restraining Order shall REMAIN IN EFFECT until the Court issues a ruling on the motion for a preliminary injunction, or until 6/17/2026, whichever is earlier. Respondents are ordered to respond to Petitioner's 25 & 26 motions for a preliminary injunction by 6/8/2026 at 5:00 p.m., and the Court hereby SETS a hearing on 6/10/2026 at 2:00 p.m. by video conference. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 06/03/2026)
Main Document: Order
#28
Jun 05, 2026
RESPONDENTS' ADVISORY REGARDING PETITIONER'S TRANSFER PRIOR TO TEMPORARY RESTRAINING ORDER by Department of Homeland Security, Field Office Director, ICE Harlingen Office, U.S. Immigration & Customs Enforcement, filed. (Drootman, Eric) (Entered: 06/05/2026)
Main Document: Document
#29
Jun 05, 2026
RESPONSE IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION AND EMERGENCY REQUEST THAT COURT DISSOLVE THE TEMPORARY RESTRAINING ORDER TO ALLOW REMOVAL TO PROCEED AS SCHEDULED ON JUNE 9, 2026, filed by Department of Homeland Security, Field Office Director, ICE Harlingen Office, U.S. Immigration & Customs Enforcement. (Attachments: # 1 Exhibit 1 - ICE Declaration, # 2 Exhibit 2 - March 2025 Guidance on Third Country Removals) (Drootman, Eric) (Entered: 06/05/2026)
Main Document: Response
#30
Jun 05, 2026
ORDER. Petitioner SHALL FILE the supplemental briefing set forth in this order by Saturday, 6/6/2026, at 5:00 PM Central Time. The Court's 27 Order granting a temporary restraining order REMAINS IN EFFECT until it expires or the Court issues a subsequent order, whichever is earlier. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 06/05/2026)
Main Document: Order
#31
Jun 06, 2026
Ex Parte MOTION for Extension of Time to File Supplemental Briefing by Saba Phatsuria, filed. Motions referred to Christopher dos Santos. Motion Docket Date 6/29/2026. (Risko, Sergey) (Entered: 06/06/2026)
Main Document: Extension of Time
#32
Jun 06, 2026
AMENDED MOTION( Motion Docket Date 6/29/2026.), MOTION for Extension of Time to File Supplemental Briefing by Saba Phatsuria, filed. Motions referred to Christopher dos Santos. (Risko, Sergey) (Entered: 06/06/2026)
Main Document: Amended Motion AND Extension of Time
#33
Jun 06, 2026
ORDER. Petitioner's Emergency 31 Motion for Extension of Time to File Supplemental Briefing is GRANTED in part. Petitioner is ordered to file the supplemental briefing by Sunday, June 7, 2026, at 2:00 p.m. Central Time. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 06/06/2026)
Main Document: Order
#34
Jun 07, 2026
First AMENDED PETITION against MARIO GARCIA, Juan Agudelo, Christopher Bullock filed by Saba Phatsuria. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Risko, Sergey) (Entered: 06/07/2026)
Main Document: Amended Complaint/Counterclaim/Crossclaim etc.
#35
Jun 07, 2026
MOTION for Leave to File Amended habeas Petition by Saba Phatsuria, filed. Motions referred to Christopher dos Santos. Motion Docket Date 6/29/2026. (Risko, Sergey) (Entered: 06/07/2026)
Main Document: Leave to File Document
#36
Jun 07, 2026
REPLY in Support of 25 First MOTION for Temporary Restraining Order, filed by Saba Phatsuria. (Risko, Sergey) (Entered: 06/07/2026)
Main Document: Reply in Support of Motion
#37
Jun 08, 2026
ORDER granting 35 Motion for Leave to File.(Signed by Judge John A Kazen) Parties notified. (tat5) (Entered: 06/08/2026)
Main Document: Order on Motion for Leave to File
#38
Jun 08, 2026
ORDER. Respondents Emergency Request that Court Dissolve the Temporary Restraining Order to Allow Removal to Proceed as Scheduled on June 9, 2026, (Dkt. No. 29 ), is DENIED. The Court will consider Respondents arguments in deciding whether to convert the TRO into a preliminary injunction (Signed by Judge John A Kazen) Parties notified. (tat5) (Entered: 06/08/2026)
Main Document: Order
Jun 09, 2026
Zoom login information for hearing set on 6/10/2026: https://www.zoomgov.com/j/1654317981?pwd=mBjupwEEmrn10IOElNop8PBN2NZ8oy.1; Meeting ID: 165 431 7981; Passcode: 413556., filed. (jgr5)
Jun 09, 2026
Remark (*PUBLIC ENTRY)
Jun 10, 2026
Minute Entry for proceedings held before District Judge John A. Kazen. MOTION HEARING held on 6/10/2026 on Petitioner's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. (Dkt. No. 25). The Court heard argument and takes the motion under advisement. Written order to follow. (Time in court: 2:44 - 3:28 p.m.) (ERO: Peyton Smith), filed. (jgr5)
Jun 12, 2026
Motion Hearing
#39
Jun 17, 2026
ORDER. Petitioner's Emergency 25 Motion for a Temporary Restraining Order and Preliminary Injunction is GRANTED in part. Respondents and all of their officers, agents, servants, employees, attorneys, successors, assigns, and persons acting in concert or participation with them are hereby ENJOINED AND RESTRAINED from transferring Petitioner outside of this judicial district or removing him from the United States to any third country, unless and until: (1) Respondents provide Petitioner with at least ten (10) days' notice of the proposed country of removal, and (2) Petitioner receives an individualized evidentiary hearing before an Immigration Judge as contemplated in 8 U.S.C. § 1231(b)(3)(C). This preliminary injunction shall remain in effect until the earlier of: (1) an order from this Court modifying this Order, or (2) the entry of a final dispositive order in this case. The Court recognizes that the law on the issues addressed in this Order is developing rapidly. The Court may reconsider this Order based on new legal developments. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 06/17/2026)
Main Document: Order on Motion for Temporary Restraining Order
#40
Jul 14, 2026
STATUS REPORT by Saba Phatsuria, filed. (Risko, Sergey) (Entered: 07/14/2026)
Main Document: Status Report
#41
Jul 14, 2026
STATUS REPORT by Saba Phatsuria, filed. (Risko, Sergey) (Entered: 07/14/2026)
Main Document: Status Report
#42
Jul 14, 2026
NOTICE OF ERRATA by Saba Phatsuria, filed. (Risko, Sergey) (Entered: 07/14/2026)
Main Document: Other Notice
#43
Jul 20, 2026
ORDER. Respondents hereby ORDERED to file a response by 7/24/2026, addressing Petitioner's request for relief, any actions taken to comply with the Court's June 17 Order, (Dkt. No. 39), and whether Petitioner's removal is significantly likely to occur in the reasonably foreseeable future. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 07/20/2026)
Main Document: Order
#44
Jul 24, 2026
Response
Main Document: Response
#45
Aug 17, 2026
Summary Judgment
Main Document: Summary Judgment
#46
Aug 21, 2026
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#47
Aug 21, 2026
Conference
Main Document: Conference