Northern District of Texas • 3:26-cv-01539

#1

May 13, 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). Initiating documents received by mail. 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: 05/14/2026)

#2

May 13, 2026

Notice and Instruction to Pro Se Party. (kxm) (Entered: 05/14/2026)

#3

May 13, 2026

PETITION for Writ of Habeas Corpus filed by Melvin Alexander Cruz Aquino. (Filing fee $5; receipt number 300023959) 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. (kxm) (Entered: 05/14/2026)

#4

May 13, 2026

Supplemental Petition and Emergency MOTION for Immediate Release or at Minimum Prompt Individualized Relief filed by Melvin Alexander Cruz Aquino. (kxm) Modified text on 5/14/2026 (rekc). (Entered: 05/14/2026)

#5

May 13, 2026

Emergency MOTION to Expedite Habeas Corpus Proceedings filed by Melvin Alexander Cruz Aquino. (kxm) (Entered: 05/14/2026)

#6

May 13, 2026

Emergency MOTION for Temporary Restraining Order filed by Melvin Alexander Cruz Aquino. (kxm) (Entered: 05/14/2026)

#7

May 13, 2026

Emergency MOTION to Stay of Removal with Re-Entry Protection filed by Melvin Alexander Cruz Aquino. (kxm) (Entered: 05/14/2026)

#8

May 13, 2026

CERTIFICATE OF SERVICE by Melvin Alexander Cruz Aquino. (kxm) (Entered: 05/14/2026)

#9

May 13, 2026

ADDITIONAL ATTACHMENTS Affidavit in Support to 3 Petition for Writ of Habeas Corpus by Petitioner Melvin Alexander Cruz Aquino. (kxm) (Entered: 05/14/2026)

#10

May 14, 2026

ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 1(b) and Rule 4 of the Rules Governing Section 2254 habeas cases. The Court will order Respondent to file an answer, if necessary, after screening is complete. It is therefore ORDERED that (1) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (2) all discovery in this case is stayed until Respondent is ordered to file an answer or until further order of the court, (3) no amendments or supplements to the habeas corpus petition shall be filed without prior Court approval, and (4) any motion to amend the habeas petition must be accompanied by a complete proposed amended petition on the required form. It is further ORDERED that Petitioner must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 5/14/2026) (chmb) (Entered: 05/14/2026)

May 14, 2026

***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Thu May 14 12:05:07 CDT 2026 (crt)

May 14, 2026

Order

#11

May 15, 2026

ELECTRONIC ORDER: Before the Court is Petitioner's Emergency Motion to Expedite Habeas Corpus Proceedings. Doc. 5 . Petitioner requests to expedite the Respondent's response because he has been detained since January 31, 2026. 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 litigation 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 motion to expedite is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 5/15/2026) (chmb) (Entered: 05/15/2026)

#12

May 15, 2026

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 July 14, 2026. Petitioner may file a reply in 30 days. (Ordered by Magistrate Judge Renee Harris Toliver on 5/15/2026) (chmb) (Entered: 05/15/2026)

May 15, 2026

Order on Motion to Expedite

May 15, 2026

***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11,12. Fri May 15 14:12:25 CDT 2026 (crt)

#13

May 21, 2026

Order to Sever AND ~Util - Terminate Motions