Active
Case Information
Filed: April 21, 2026
Assigned to:
James E. Kinkeade
Referred to:
Renee Harris Toliver
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
April 27, 2026
Parties:
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Docket Entries
#1
Apr 21, 2026
PETITION for Writ of Habeas Corpus filed by jose luis rocha perez. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number ATXNDC-16380957) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Cover Sheet) (Joaquin, Gina) (Entered: 04/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (kxm) (Entered: 04/23/2026)
Main Document:
New
#3
Apr 24, 2026
***DISREGARD - NEW ORDER TO FOLLOW*** Federal Respondent: ORDER TO SHOW CAUSE, Notice, and Instructions to Parties. The clerk has served this order and will regenerate notice of the petition and supporting documents to the designated Assistant US Attorney. Ann Cruce-Haag and Brian Stoltz added for Respondents. Show Cause Response is due by June 23, 2026. Petitioner may file a reply in 30 days. (Ordered by Magistrate Judge Renee Harris Toliver on 4/24/2026) (chmb) Modified on 4/24/2026 (cea). (Entered: 04/24/2026)
#4
Apr 24, 2026
Order to Show Cause/Order to Answer
Main Document:
Order to Show Cause/Order to Answer
#5
Apr 24, 2026
OBJECTION to a Magistrate Judge Order re: 4 Order to Show Cause/Order to Answer, filed by Jose Luis Rocha Perez. (Joaquin, Gina) (Entered: 04/24/2026)
Main Document:
OBJECTION
#6
Apr 24, 2026
MOTION for Leave to File Exhibits to Objections to Order to Show Cause Under Seal filed by Jose Luis Rocha Perez (Attachments: # 1 Exhibit(s) Exhibits 1 & 2 to be sealed) (Joaquin, Gina) (Entered: 04/24/2026)
Main Document:
MOTION
Apr 24, 2026
Order to Show Cause/Order to Answer
#7
Apr 27, 2026
ELECTRONIC ORDER: Before the Court is Petitioner's Sealed Motion for Leave to File Exhibits to Objections to Order to Show Cause Under Seal. Doc. 6 . The motion is GRANTED. (Ordered by Magistrate Judge Renee Harris Toliver on 4/27/2026) (chmb) (Entered: 04/27/2026)
#8
Apr 27, 2026
ELECTRONIC ORDER: Before the Court is Petitioner's Objections to Order to Show Cause. Petitioner argues (1) immediate release is appropriate and (2) the government should be ordered to respond in 3 days or at most 21 days. But Petitioner has not met his burden to show good cause to expedite a ruling. He seemingly overlooks that the strict time limits of 28 U.S.C. § 2243 are subordinate to the Court's discretionary authority to set deadlines under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. See Castillo v. Pratt, 162 F. Supp. 2d 575, 57577 (N.D. Tex. 2001); Beaird v. Joslin, No. 3:05-cv-1833-K (BH), 2006 WL 2473338, at *3 (N.D. Tex. Aug. 11, 2006), rec. adopted, 2006 WL 2459378 (N.D. Tex. Aug. 22, 2006). Further, given the sheer volume of habeas petitions recently filed by alien detainees, the Court is not inclined to set a precedent for shortening the established deadline for response without a demonstration of good cause. Therefore, Petitioner's Objections to Order to Show Cause is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 4/27/2026) (chmb) (Entered: 04/27/2026)
Apr 27, 2026
Order
Apr 27, 2026
Order on Motion for Leave to File
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