Active
Case Information
Filed: April 06, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 06, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Kristi Noem by Diego Arias Garza. (Deputy Clerk JJD) (Entered: 04/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Diego Arias Garza. (Deputy Clerk JJD) (Entered: 04/07/2026)
Main Document:
In Forma Pauperis
#3
Apr 06, 2026
MOTION to APPOINT COUNSEL by Diego Arias Garza. (Deputy Clerk JJD) (Entered: 04/07/2026)
Main Document:
Appoint Counsel
#4
Apr 07, 2026
Prisoner New Case Documents for DJ Presider
Main Document:
Prisoner New Case Documents for DJ Presider
#5
Apr 07, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 04/07/2026)
Main Document:
CONSENT/DECLINE
Apr 07, 2026
Service by Mail
Apr 07, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Diego Arias Garza. (Deputy Clerk JJD)
#6
Apr 09, 2026
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis
Apr 10, 2026
Service by Mail
#8
Apr 16, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#9
Apr 27, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#10
Apr 27, 2026
MOTION for APPOINTMENT of COUNSEL by Diego Arias Garza. (Deputy Clerk JAW) (Entered: 04/28/2026)
Main Document:
Appoint Counsel
#11
Apr 28, 2026
MINUTE ORDER issued on 4/28/2026 by the Courtroom Deputy for District Judge Dena M. Coggins: On 4/27/2026, Petitioner filed a 9 Motion for Temporary Restraining Order seeking his immediate release from immigration custody because, he argues, he is "being detained indefinitely, unlawfully, and without any foreseeable prospect of removal." (See Doc. No. 9 at 2.) However, in Respondents' 8 Answer to Petitioner's 9 Motion for Temporary Restraining Order, they note that Petitioner was detained following his conviction for transport of narcotics with intent to sale. (See Doc. No. 8 at 3-4, 23-24.) Respondents contend that this conviction subjects Petitioner to mandatory detention under 8 U.S.C. § 1226(c)(1)(A), which requires that the Government "shall take into custody any alien who," has committed an enumerated criminal offense, including, as relevant here, the illicit trafficking of any controlled substance. 8 U.S.C. § 1226(c)(1)(A); Id. § 1182(a)(2)(C). The Supreme Court has held that mandatory detention under § 1226(c) passes Constitutional muster. Demore v. Kim, 538 U.S. 510, 531 (2003). Accordingly, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his continued detention violates the Immigration and Nationality Act or his Fifth Amendment right to Due Process, and on that basis his 9 Motion for Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/28/2026)
Apr 28, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Apr 28, 2026
Service by Mail
Apr 28, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 11, served on Diego Arias Garza. (Text Only Entry) (Deputy Clerk CRS)
#12
Apr 30, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#14
Apr 30, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
May 06, 2026
Service by Mail
Parties
(HC) Garza
Party
Noem
Party