Active
Case Information
Filed: May 22, 2026
Assigned to:
John A. Kazen
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 07, 2026
Parties:
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Docket Entries
#1
May 22, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Elvis Josue Tobar Garcia. (Attachments: # 1 Exhibit, # 2 Envelope) (egg5) (Entered: 05/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 22, 2026
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (egg5) (Entered: 05/22/2026)
#3
May 22, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 05/22/2026)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
May 22, 2026
Referral Judge Selected
May 22, 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. (egg5)
#4
May 26, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.)The Court ORDERS Respondent to file a response to the petition and serve their response on Petitioner no later than June 2, 2026.1 28 U.S.C. § 2243. Respondent should attach relevant evidence from Petitioners A-file to support their assertions of fact. Should Petitioner wish to file a reply, they must do so no later than June 9, 2026. Respondent is ORDERED to notify Petitioner and the Court of any anticipated or planned transfer or removal of Petitioner outside of the Southern District of Texas at least seven (7) days before any such transfer. The parties are further ORDERED to notify the Court if Petitioner is released from custody for any reason while the petition is pending.(Signed by Judge John A Kazen) Parties notified. (mtl5) (Entered: 05/26/2026)
#8
May 28, 2026
MOTION to Intervene by UNITED STATES OF AMERICA, filed. Motion Docket Date 6/18/2026. (Attachments: # 1 Exhibit 1 - Motion for Summary Judgment, # 2 Exhibit 2 - I-213 from Original Encounter, # 3 Exhibit 3 - Notice to Appear, # 4 Exhibit 4 - I-213 from Re-arrest, # 5 Exhibit 5 - Immigration Judge Removal Order, # 6 Proposed Order on Motion for Summary Judgment, # 7 Proposed Order on Motion to Intervene) (Drootman, Eric) (Entered: 05/28/2026)
Main Document:
Intervene
May 28, 2026
Notice of Appearance - USA (Govt Use Only)
May 28, 2026
NOTICE OF APPEARANCE by Eric Joel Drootman on behalf of UNITED STATES OF AMERICA, filed. (Drootman, Eric)
May 28, 2026
NOTICE OF APPEARANCE by Eric Joel Drootman on behalf of UNITED STATES OF AMERICA, filed. (Drootman, Eric)
#9
May 29, 2026
ORDER granting 8 Motion to Intervene.(Signed by Magistrate Judge Brian C Bajew) Parties notified. (lmp2) (Entered: 05/29/2026)
#10
May 29, 2026
MOTION for Summary Judgment by UNITED STATES OF AMERICA, filed. Motion Docket Date 6/22/2026. (lmp2) (Entered: 05/29/2026)
Main Document:
Summary Judgment
#11
Jun 03, 2026
Certified Mail Receipt Returned re: 7 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (mam2) (Entered: 06/05/2026)
Main Document:
Certified Mail Receipt Returned
#12
Jun 08, 2026
Certified Mail Receipt Returned re: 7 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (mtl5) (Entered: 06/08/2026)
Main Document:
Certified Mail Receipt Returned
#13
Jun 08, 2026
PETITIONER'S OPPOSITION TO THE UNITED STATES' MOTION FOR SUMMARY JUDGMENT AND REQUEST FOR RELEASE UNDER CONDITIONS OF SUPERVISION to 10 MOTION for Summary Judgment, filed by Elvis Josue Tobar Garcia. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Envelope C) (aav5) (Entered: 06/09/2026)
Main Document:
Response in Opposition to Motion
#14
Jul 06, 2026
ORDER. The Court ORDERS Respondents to file supplemental briefing by July 9, 2026, addressing (1) whether Petitioner is detained under Section 1225(b)(2) and subject to the 90-day detention limitation in Sosnava, (2) the current length of Petitioners detention, and (3) the effect of the decision on Petitioners claims for release. Petitioner may reply to Respondents supplemental briefing by July 13, 2026.(Signed by Judge John A Kazen) Parties notified. (mtl5) (Entered: 07/06/2026)
Main Document:
Order
#15
Jul 07, 2026
UNITED STATES OF AMERICA'S SUPPLEMENTAL BRIEF by UNITED STATES OF AMERICA, filed. (Drootman, Eric) (Entered: 07/07/2026)
Main Document:
Document
#18
Jul 16, 2026
Certified Mail Receipt Returned re: 16 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (Attachments: # 1 RECEIPT) (mtl5) (Entered: 07/16/2026)
Main Document:
Certified Mail Receipt Returned
#19
Aug 07, 2026
Notice of Reassignment (FORM, noticing) - Civil
Main Document:
Notice of Reassignment (FORM, noticing) - Civil
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