Western District of Texas • 5:26-cv-03014
Hernandez Castro v. Thompson
Active
Case Information
Filed: May 07, 2026
Assigned to:
Xavier Rodriguez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
June 18, 2026
Parties:
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Docket Entries
#1
May 07, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21907041), filed by WILFREDO ERNESTO HERNANDEZ CASTRO. (Attachments: # 1 Civil Cover Sheet COVER SHEET)(Waldron, John) (Entered: 05/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 07, 2026
MOTION for Temporary Restraining Order by WILFREDO ERNESTO HERNANDEZ CASTRO. (Waldron, John) (Entered: 05/07/2026)
Main Document:
Temporary Restraining Order
May 07, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (ab5)
May 07, 2026
Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (ab5)
May 08, 2026
To be Referred to SA Mag Judge
May 08, 2026
Case Assigned/Reassigned
May 11, 2026
Text Order DENYING 2 Motion for TRO entered by Judge Xavier Rodriguez. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
May 11, 2026
Order on Motion for TRO
#3
May 15, 2026
TEXT ORDER FOR SERVICE of 1 for Writ of Habeas Corpus signed by Judge Xavier Rodriguez. It is ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in San Antonio, Texas shall constitute service on the Federal Respondents and on all Respondents unless otherwise contested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within seven (7) days of the date of service. The response must identify: (1) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's alleged date of entry and statutory basis for removability; (3) any previous immigration detention history, e.g., whether Petitioner has previously been subject to immigration detention and, if so, the approximate date of Petitioner's previous release into the interior; and (4) Petitioner's alleged immigration status, e.g., whether Petitioner has a pending claim for asylum, withholding of removal, or protection under the Convention Against Torture or is subject to a final removal order. Additionally, because this case appears to turn on whether Petitioners detention without a bond hearing violates the due process rights afforded to noncitizens who have established a substantial presence in the United States, Respondents must consider the Courts prior orders addressing this question and note any material factual differences between those cases and this one. E.g., Valencia Reyes v. Noem, No. SA-25-CV-1921-XR, 2026 WL 981034 (W.D. Tex. Feb. 25, 2026); Gonzalez Carrillo v. Bondi, No. SA-26-CV-778-XR, 2026 WL 981037 (W.D. Tex. Feb. 26, 2026). If Respondents so choose, in lieu of a full response, they may instead file a response indicating that there are no material factual differences here and preserving all legal arguments made by the Federal Respondents in those cases. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than seven days after the Respondents file their answers/responses. (cb) (Entered: 05/15/2026)
May 15, 2026
Order
#4
May 22, 2026
Advisory to the Court
Main Document:
Advisory to the Court
#5
Jun 16, 2026
Dismiss
Main Document:
Dismiss
Jun 18, 2026
Order on Motion to Dismiss
Jun 18, 2026
Text Order GRANTING 5 Motion to Voluntarily Dismiss entered by Judge Xavier Rodriguez. The Petition is dismissed without prejudice. The Clerk is DIRECTED to CLOSE this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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