U.S. Court of Appeals for the 5th Circuit • 25-40701
Covarrubias v. Vergara
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Case Information
Filed: October 30, 2025
Assigned to:
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Referred to:
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Nature of Suit: Nature of Suit 2463
Cause:
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Active
Last Activity:
December 31, 2025
Parties:
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Docket Entries
#1
Oct 30, 2025
PRISONER CASE WITH COUNSEL docketed. NOA filed by Appellants Ms. Susan Aikman, Assistant Chief Counsel, Office of Chief Counsel, U.S. Immigration and Customs Enforcement, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez, Warden, Laredo Processing Center, Corrections Corporation of America and Mr. Miguel Vergara, ICE Field Office Director, San Antonio ICE Detention and Removal [25-40701] (JAK) [Entered: 10/30/2025 11:38 AM]
Main Document:
PRISONER
#4
Nov 06, 2025
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-40701] (Brian Vincent Schaeffer ) [Entered: 11/06/2025 01:44 PM]
Main Document:
APPEARANCE
#6
Nov 10, 2025
OPPOSED MOTION to consolidate cases 25-40701 and 25-20496 for briefing and oral argument purposes, to expedite the appeal [6]. Date of service: 11/10/2025 Response/Opposition due on 11/20/2025. [25-40701]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara to consolidate cases No.25-20496 for briefing and oral argument purposes. Date of service: 11/10/2025 via email - Attorney for Appellee: O'Connor; Attorney for Appellant: Ramirez [25-40701] (Hector Carlos Ramirez ) [Entered: 11/10/2025 02:34 PM]
Main Document:
OPPOSED
#7
Nov 10, 2025
INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [7] Initial AA Check Due satisfied. [25-40701] (RA) [Entered: 11/10/2025 03:22 PM]
Main Document:
INITIAL
#8
Nov 10, 2025
ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:25-CV-112. Electronic ROA due on 11/25/2025. [25-40701] (RA) [Entered: 11/10/2025 03:25 PM]
#12
Nov 10, 2025
APPEARANCE FORM received from Mr. Stephen Joseph O'Connor for Mr. Jose Padron Covarrubias for the court's review. Lead Counsel? Yes. [25-40701] (Stephen Joseph O'Connor ) [Entered: 11/10/2025 07:45 PM]
Main Document:
APPEARANCE
#13
Nov 10, 2025
RESPONSE/OPPOSITION [13] to the Motion to consolidate cases filed by Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Miguel Vergara and Ms. Susan Aikman in 25-40701 [6], Motion to expedite appeal filed by Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Miguel Vergara and Ms. Susan Aikman in 25-40701 [6]Response/Opposition deadline satisfied.. Reply to Response/Opposition due on 11/17/2025. and INCORPORATED MOTION to establish briefing notice[13] Date of Service: 11/10/2025. [25-40701]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Mr. Jose Padron Covarrubias [13] to the Motion filed by Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara [6], Motion filed by Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara [6] Date of Service: 11/10/2025 via email - Attorney for Appellee: O'Connor; Attorney for Appellant: Ramirez. [25-40701] (Stephen Joseph O'Connor ) [Entered: 11/10/2025 07:47 PM]
Main Document:
RESPONSE/OPPOSITION
#14
Nov 12, 2025
APPEARANCE FORM FILED by Attorney(s) Brian Vincent Schaeffer for party(s) Appellant Orlando Perez, Appellant Kristi Noem, Secretary, U.S. Department of Homeland Security, Appellant Miguel Vergara, Appellant Susan Aikman, in case 25-40701 [25-40701] (IAC) [Entered: 11/12/2025 09:01 AM]
#17
Nov 12, 2025
APPEARANCE FORM for the court's review. Lead Counsel? No. [25-40701] (Charles Andrew Perry ) [Entered: 11/12/2025 10:28 AM]
Main Document:
APPEARANCE
#18
Nov 12, 2025
APPEARANCE FORM for the court's review. Lead Counsel? No. [25-40701] (Nora Ahmed ) [Entered: 11/12/2025 10:59 AM]
Main Document:
APPEARANCE
#20
Nov 12, 2025
REPLY filed by [20] to the Response/Opposition filed by Appellee Mr. Jose Padron Covarrubias in 25-40701 [13]Reply to Resp/Opp due deadline satisfied.. Date of Service: 11/12/2025. [25-40701]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara [20] to the Response/Opposition filed by Appellee Mr. Jose Padron Covarrubias [13], to the Motion establish briefing notice filed by Appellee Mr. Jose Padron Covarrubias [13]. Date of Service: 11/12/2025 via email - Attorney for Appellee: O'Connor; Attorney for Appellants: Ramirez, Schaeffer. [25-40701] (Brian Vincent Schaeffer ) [Entered: 11/12/2025 07:00 PM]
Main Document:
REPLY
#23
Nov 13, 2025
APPEARANCE FORM FILED by Attorney(s) Nora Ahmed for party(s) Appellee Jose Padron Covarrubias, in case 25-40701 [25-40701] (RA) [Entered: 11/13/2025 02:25 PM]
#25
Nov 13, 2025
APPEARANCE FORM FILED by Attorney(s) Stephen Joseph O'Connor for party(s) Appellee Jose Padron Covarrubias, in case 25-40701 [25-40701] (JAK) [Entered: 11/13/2025 02:32 PM]
#27
Nov 13, 2025
APPEARANCE FORM FILED by Attorney(s) Charles Andrew Perry for party(s) Appellee Jose Padron Covarrubias, in case 25-40701 [25-40701] (JAK) [Entered: 11/13/2025 02:34 PM]
#29
Nov 19, 2025
COURT ORDER granting opposed motion to consolidate case nos. 25-20496 and 25-40701 for briefing and oral argument purposes [10716242-2]; and denying opposed motion to expedite appeals, filed by Appellants Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Ms. Pamela Bondi, U.S. Attorney General, Mr. Todd M. Lyons, Mr. Matthew W. Baker, Mr. John Linscott and Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic [10716242-3] in 25-20496. [25-20496, 25-40701] (DLJ) [Entered: 11/19/2025 04:27 PM]
Main Document:
COURT
#33
Nov 24, 2025
CASE CAPTION updated. Appellant Pamela Bondi, U.S. Attorney General in 25-40701 added to case. Reason: omitted at case opening. [25-40701, 25-20496] (JAK) [Entered: 11/24/2025 02:48 PM]
#34
Nov 24, 2025
ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [25-40701] (DDL) [Entered: 11/24/2025 03:50 PM]
#40
Dec 02, 2025
COURT ORDER denying Motion to expedite appeal filed by Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Miguel Vergara and Ms. Susan Aikman [6] in 25-40701; granting Motion to consolidate cases filed by Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Miguel Vergara and Ms. Susan Aikman [6] in 25-40701 [25-40701, 25-20496] (RA) [Entered: 12/02/2025 03:36 PM]
#42
Dec 03, 2025
OPPOSED MOTION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 for reconsideration of the Order dated 11/19/2025 [42], to expedite the appeal [42]. Date of service: 12/03/2025 via email - Attorney for Appellees: Ahmed, O'Connor, Perry; Attorney for Appellants: Blair, Perry, Ramirez, Schaeffer [25-20496, 25-40701] (Brian Vincent Schaeffer ) [Entered: 12/03/2025 06:34 PM]
Attachment 1:
Motion Filed on Behalf of Party
Attachment 2:
Motion to Reconsider and Expedite Appeal
Attachment 3:
Describe Attachment
Attachment 4:
Describe Attachment
Attachment 5:
Describe Attachment
Attachment 6:
Describe Attachment
Attachment 7:
Describe Attachment
#47
Dec 08, 2025
RESPONSE/OPPOSITION filed by Mr. Victor Buenrostro-Mendez in 25-20496, Mr. Jose Padron Covarrubias in 25-40701 [47] to the Motion filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 [42] Date of Service: 12/08/2025 via email - Attorney for Appellees: Ahmed, O'Connor, Perry; Attorney for Appellants: Blair, Perry, Ramirez, Schaeffer. [25-20496, 25-40701] (Charles Andrew Perry ) [Entered: 12/08/2025 06:17 PM]
Main Document:
RESPONSE/OPPOSITION
#53
Dec 10, 2025
REPLY filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 [53] to the Response/Opposition filed by Appellee Mr. Victor Buenrostro-Mendez in 25-20496, Appellee Mr. Jose Padron Covarrubias in 25-40701 [47], to the Motion filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 [42]. Date of Service: 12/10/2025 via email - Attorney for Appellees: Ahmed, O'Connor, Perry; Attorney for Appellants: Blair, Perry, Ramirez, Schaeffer. [25-20496, 25-40701] (Brian Vincent Schaeffer ) [Entered: 12/10/2025 04:59 PM]
Main Document:
REPLY
#55
Dec 12, 2025
CASE CAPTION updated. Additional appeal filed. [55] NOA filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Pamela Bondi, U.S. Attorney General, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701. [55] [25-20496, 25-40701] (RAJ) [Entered: 12/12/2025 04:53 PM]
Main Document:
CASE
#58
Dec 15, 2025
COURT ORDER denying Motion for reconsideration filed by Appellants Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Ms. Pamela Bondi, U.S. Attorney General, Mr. Todd M. Lyons, Mr. Matthew W. Baker, Mr. John Linscott and Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Miguel Vergara and Ms. Susan Aikman [42] [25-20496, 25-40701] (AMD) [Entered: 12/15/2025 03:20 PM]
#59
Dec 19, 2025
LETTER filed by Appellant Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic in 25-20496 Date of Service: 12/19/2025 via email - Attorney for Appellees: Ahmed, O'Connor, Perry; Attorney for Appellants: Blair, Perry, Ramirez, Schaeffer [25-20496, 25-40701] (Danya Wayland Blair ) [Entered: 12/19/2025 03:26 PM]
Main Document:
LETTER
#60
Dec 19, 2025
(WITHDRAWN) MOTION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Pamela Bondi, U.S. Attorney General, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 for hearing en banc [60], to expedite the appeal [60]. Date of service: 12/19/2025 Document is insufficient for the following reasons: No consent or statement on whether opposing party is opposed or unopposed. Sufficient Mtn/Resp/Reply due on 01/05/2026 for Appellants Matthew W. Baker, Pamela Bondi, U.S. Attorney General, Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, John Linscott, Todd M. Lyons, Kristi Noem, Secretary, U.S. Department of Homeland Security, Susan Aikman, Orlando Perez and Miguel Vergara [25-20496, 25-40701]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496 for hearing en banc [60]. Date of Service: 12/19/2025 Document is insufficient for the following reasons: No consent or statement on whether opposing party is opposed or unopposed. [25-20496, 25-40701] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496 for hearing en banc [60], to expedite the appeal [60]. Date of Service: 12/19/2025 Document is insufficient for the following reasons: No consent or statement on whether opposing party is opposed or unopposed. [25-20496, 25-40701] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 for rehearing en banc [60]. Date of Service: 12/19/2025 via email - Attorney for Appellees: Ahmed, O'Connor, Perry; Attorney for Appellants: Blair, Perry, Ramirez, Schaeffer [25-20496, 25-40701] (Brian Vincent Schaeffer ) [Entered: 12/19/2025 05:46 PM]
Main Document:
(WITHDRAWN)
#61
Dec 22, 2025
BRIEFING NOTICE ISSUED A/Pet's Brief Due on 02/02/2026 for Appellants Matthew W. Baker, Pamela Bondi, U.S. Attorney General, Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, John Linscott, Todd M. Lyons, Kristi Noem, Secretary, U.S. Department of Homeland Security, Susan Aikman, Orlando Perez and Miguel Vergara. [25-20496, 25-40701] (DDL) [Entered: 12/22/2025 02:44 PM]
Main Document:
BRIEFING
#64
Dec 30, 2025
ATTORNEY NOT PARTICIPATING. Danya Blair is designated as inactive in this case. Reason: See Letter filed 12/19/2025. [25-20496, 25-40701] (DLJ) [Entered: 12/30/2025 02:52 PM]
#65
Dec 31, 2025
DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Corrected Petition for Initial Hearing En Banc received from Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Pamela Bondi, U.S. Attorney General, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 because the document was improperly filed on the docket. Please read the attached notice as to how to make the correction. [25-20496, 25-40701] (CMC) [Entered: 12/31/2025 01:13 PM]
Main Document:
DOCUMENT
#66
Dec 31, 2025
CORRECTED MOTION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 for hearing en banc [66], to expedite the appeal [66]. [25-20496, 25-40701] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED CORRECTED MOTION filed by Appellants Mr. Matthew W. Baker, Ms. Pamela Bondi, U.S. Attorney General, Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Mr. John Linscott, Mr. Todd M. Lyons and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-20496, Appellants Ms. Susan Aikman, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Mr. Orlando Perez and Mr. Miguel Vergara in 25-40701 for hearing en banc [66]. Date of Service: 12/31/2025 via email - Attorney for Appellees: Ahmed, O'Connor, Perry; Attorney for Appellants: Perry, Ramirez, Schaeffer [25-20496, 25-40701] (Brian Vincent Schaeffer ) [Entered: 12/31/2025 02:21 PM]
Main Document:
CORRECTED
#67
Dec 31, 2025
COURT ACTION withdrawing Motion for hearing en banc filed by Appellants Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Ms. Pamela Bondi, U.S. Attorney General, Mr. Todd M. Lyons, Mr. Matthew W. Baker, Mr. John Linscott and Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Ms. Pamela Bondi, U.S. Attorney General, Mr. Miguel Vergara and Ms. Susan Aikman [60]; withdrawing Motion to expedite appeal filed by Appellants Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Ms. Pamela Bondi, U.S. Attorney General, Mr. Todd M. Lyons, Mr. Matthew W. Baker, Mr. John Linscott and Mr. Martin Frink, Warden, Houston Contract Detention Facility, CoreCivic, Appellants Mr. Orlando Perez, Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security, Ms. Pamela Bondi, U.S. Attorney General, Mr. Miguel Vergara and Ms. Susan Aikman. CORRECTED MOTION HAS BEEN FILED. [60] [25-20496, 25-40701] (RLL) [Entered: 12/31/2025 04:18 PM]
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