Southern District of Texas • 5:26-cv-00644

Diaz Medina v. Warden

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Case Information

Filed: April 10, 2026
Assigned to: Diana Saldana
Referred to: Brian C. Bajew
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 10, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Delvi Del Carmen Diaz Medina. (aav5) (Additional attachment(s) added on 4/10/2026: # 1 ENVELOPE, # 2 EXHIBIT A-1) (aav5). (Additional attachment(s) added on 4/10/2026: # 3 Exhibit A-2) (aav5). (Additional attachment(s) added on 4/10/2026: # 4 Exhibit B) (aav5). (Additional attachment(s) added on 4/10/2026: # 5 Exhibit B-2) (aav5). (Additional attachment(s) added on 4/10/2026: # 6 Exhibit C) (aav5). (Additional attachment(s) added on 4/10/2026: # 7 Exhibit C-2) (aav5). (Additional attachment(s) added on 4/10/2026: # 8 Exhibit D, # 9 EXHIBIT E) (aav5). (Additional attachment(s) added on 4/10/2026: # 10 Exhibit F, # 11 EXHIBIT G) (aav5). (Additional attachment(s) added on 4/10/2026: # 12 Exhibit G-2, # 13 EXHIBIT H, # 14 EXHIBIT I) (aav5). (Additional attachment(s) added on 4/10/2026: # 15 Exhibit J-1) (aav5). (Additional attachment(s) added on 4/10/2026: # 16 EXHIBIT J-2) (aav5). (Additional attachment(s) added on 4/10/2026: # 17 EXHIBIT J-3) (aav5). (Additional attachment(s) added on 4/10/2026: # 18 EXHIBIT J-4) (aav5). (Additional attachment(s) added on 4/10/2026: # 19 EXHIBIT J-4) (aav5). (Additional attachment(s) added on 4/10/2026: # 20 EXHIBIT K) (aav5). (Entered: 04/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 10, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge Diana Saldana) Parties notified. (aav5) (Entered: 04/10/2026)
Main Document: Referring Case to Magistrate Judge (FORM)
#3
Apr 10, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (aav5) (Entered: 04/10/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#4
Apr 10, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 04/10/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Apr 10, 2026
Remark (*PUBLIC ENTRY)
Apr 10, 2026
***Habeas Corpus filing fee paid, receipt# 500001947 as to Delvi Del Carmen Diaz Medina, filed. (bm5)
Apr 10, 2026
Referral Judge Selected
Apr 10, 2026
Referral Judge Selected: Magistrate Judge Brian C. Bajew randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (aav5)
#5
Apr 13, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) Pending before the Court is pro se Delvi Del Carmen Diaz Medinas (Petitioner) Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), brought Next of Friend by his daughter, Denesis Ardair Diaz Flores. Having reviewed the Petition, Respondents are hereby ORDERED to show cause and submit a response to the Habeas Petition, (Dkt. 1), and serve it on Petitioner no later than April 17, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. § 2243. The Court advises the Respondents that if no response is received, the Court may treat the petition as unopposed. Petitioner may submit a reply to Respondents Response on or before April 24, 2026. Pending before the Court is pro se Delvi Del Carmen Diaz Medinas (Petitioner) Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), brought Next of Friend by his daughter, Denesis Ardair Diaz Flores. Having reviewed the Petition, Respondents are hereby ORDERED to show cause and submit a response to the Habeas Petition, (Dkt. 1), and serve it on Petitioner no later than April 17, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. § 2243. The Court advises the Respondents that if no response is received, the Court may treat the petition as unopposed. Petitioner may submit a reply to Respondents Response on or before April 24, 2026.(Signed by Judge Diana Saldana) Parties notified. (bm5) (Entered: 04/13/2026)
Main Document: Order
#8
Apr 23, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus and this Order (Served electronically on USAO per MOU.) (Signed by Judge Diana Saldana) Parties notified. (bm5) (Entered: 04/23/2026)
Main Document: ORDER
Apr 24, 2026
NOTICE OF APPEARANCE by Ancy Thomas on behalf of Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), filed. (Thomas, Ancy)
#9
Apr 27, 2026
MOTION for Summary Judgment by Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), filed. Motions referred to Brian C Bajew. Motion Docket Date 5/18/2026. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Thomas, Ancy) (Entered: 04/27/2026)
Main Document: MOTION
#10
Apr 30, 2026
Advisory to the Court by Delvi Del Carmen Diaz Medina, filed. (vrc5) (Entered: 04/30/2026)
Main Document: Sealed Response or Reply
#11
May 04, 2026
MOTION to Reopen and Reconsider and Request for Stay of Removal by Delvi Del Carmen Diaz Medina, filed. Motions referred to Brian C Bajew. Motion Docket Date 5/26/2026. (tat5) (Entered: 05/04/2026)
Main Document: Reconsideration
#12
May 04, 2026
Petitioner's Reply in Opposition to Respondents' Motion for Summary Judgment, filed by Delvi Del Carmen Diaz Medina. (tat5) (Entered: 05/04/2026)
Main Document: Reply
#15
May 11, 2026
ORDER. Respondents are hereby ORDERED to submit an advisory informing the Court: 1) whether Petitioner remains hospitalized and 2) whether Petitioner has filed a motion to reopen with the Immigration Court and if so, what action has been taken on the motion. The advisory must be submitted on or before May 13, 2026.(Signed by Judge Diana Saldana) Parties notified. (scg5) (Entered: 05/11/2026)
Main Document: Order
#16
May 13, 2026
ADVISORY by Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), filed. (Thomas, Ancy) (Entered: 05/13/2026)
Main Document: Advisory
#17
May 14, 2026
ORDER. Petitioners petition, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE as premature. Additionally, Petitioners Motion to Reopen and Reconsider and Request for Say of Removal, (Dkt. 11), is DENIED because the Court lacks jurisdiction over Petitioners request to reopen his removal proceedings or reconsider his removal order with the Immigration Court. Finally, Respondents Motion for Summary Judgment, (Dkt. 9), is GRANTED in part. (Signed by Judge Diana Saldana) Parties notified. (tat5) (Entered: 05/14/2026)
Main Document: Order
#18
Jun 04, 2026
Advisory
Main Document: Advisory
#19
Jul 24, 2026
Judgment - Final
Main Document: Judgment - Final
#20
Aug 20, 2026
Certified Mail Receipt Returned
Main Document: Certified Mail Receipt Returned
#21
Aug 20, 2026
Certified Mail Receipt Returned
Main Document: Certified Mail Receipt Returned

Parties

Diaz Medina
Party
Warden
Party