Northern District of Texas • 1:26-cv-00268

Garcia v. Mullin

Active

Case Information

Filed: May 27, 2026
Assigned to: James Wesley Hendrix
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: June 24, 2026
Parties: View All Parties →

Docket Entries

#1
May 27, 2026
PETITION for Writ of Habeas Corpus filed by Erick Carlos Garcia. 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-16482758) 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 Cover Sheet) (Villalon, Lorena) (Attachment 2 replaced on 5/29/2026 to flatten pdf) (axm). (Entered: 05/27/2026)
Main Document: PETITION
#2
May 27, 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. (axm) (Entered: 05/29/2026)
Main Document: New
#3
Jun 01, 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 6/1/2026) (chmb) (Entered: 06/01/2026)
#4
Jun 01, 2026
ELECTRONIC ORDER transferring this case to the Abilene Division of the United States District Court for the Northern District of Texas. Under the authority of Miscellaneous Order No. 6, this action is transferred, for the convenience of parties and witnesses and in the interest of justice to the Abilene Division, where the action could have been brought. See 28 U.S.C. § 1404. Petitioner, an alien detainee incarcerated at the Bluebonnet Detention Center in Anson, Texas, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging his detention pending removal. Thus, venue more appropriately lies in the Abilene Division. (Ordered by Magistrate Judge Renee Harris Toliver on 6/1/2026) (chmb) (Entered: 06/01/2026)
#5
Jun 01, 2026
New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) (amg) (Entered: 06/01/2026)
Jun 01, 2026
Order Transferring to Another Division
Jun 01, 2026
NEW CASE NUMBER 1:26-cv-00268-H Garcia v. Mullin et al has been opened following the order of transfer entered in case number 3:26cv1726-D. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm)
Jun 01, 2026
Order
#6
Jun 03, 2026
ORDER TO SHOW CAUSE AND SETTING BREIFING SCHEDULE. Respondents are ordered to file an answer that shows cause why the petitioner's writ should not be granted by no later than June 23, 2026. Petitioner may file a reply to the respondents' answer by no later than July 7, 2026. In addition, the respondents are ordered to file, by no later than 5:00 p.m. CT on June 4, 2026, a notice addressing whether the government will commit not to remove the petitioner pending the Court's resolution of the petitioner's habeas petition. Copies of all pleadings, motions, and orders will be served electronically upon the United States Attorney for the Northern District of Texas, pursuant to Fed. R. Civ. P. 5(b)(2)(E) and by prior agreement of the Office for the United States Attorney for the Northern District of Texas. The clerk has served this order and will regenerate notice of the petition and supporting documents to the designated Assistant US Attorney. Brian Walters Stoltz-DOJ and Tami C Parker-DOJ for Respondents added. (Ordered by Judge James Wesley Hendrix on 6/3/2026) (amg) (Entered: 06/03/2026)
Main Document: Order Setting Deadline/Hearing AND Order to Show Cause/Order to Answer
#7
Jun 03, 2026
MOTION for Leave to File Supplemental Brief in Support of Petition for Writ of Habeas Corpus filed by Erick Carlos Garcia with Brief/Memorandum in Support. (Attachments: # 1 Supplemental Brief) (Villalon, Lorena) Modified docket text on 6/4/2026 (amg). (Entered: 06/03/2026)
Main Document: MOTION
#8
Jun 03, 2026
NOTICE of re: 6 Order to Show Cause/Order to Answer,,,,, Order Setting Deadline/Hearing,,,, filed by Todd Blanche, Robert Cerna, Department of Homeland Security, Executive Office for Immigration Review (EOIR), Markwayne Mullin, Warden of Bluebonnet Detention Facility (Stoltz-DOJ, Brian) (Entered: 06/03/2026)
Main Document: NOTICE
#9
Jun 23, 2026
RESPONSE filed by Todd Blanche, Robert Cerna, Department of Homeland Security, Executive Office for Immigration Review (EOIR), Markwayne Mullin, Warden of Bluebonnet Detention Facility re: 7 MOTION for Leave to File Supplemental Brief in Support of Petition for Writ of Habeas Corpus, 1 Petition for Writ of Habeas Corpus,,,, (Stoltz-DOJ, Brian) (Entered: 06/23/2026)
Main Document: RESPONSE
#10
Jun 23, 2026
Appendix in Support filed by Todd Blanche, Robert Cerna, Department of Homeland Security, Executive Office for Immigration Review (EOIR), Markwayne Mullin, Warden of Bluebonnet Detention Facility re 9 Response/Objection, (Stoltz-DOJ, Brian) (Entered: 06/23/2026)
Main Document: Appendix
#11
Jun 24, 2026
Order on Motion for Leave to File
Main Document: Order on Motion for Leave to File
#12
Jun 24, 2026
Supplemental Brief in Support filed by Erick Carlos Garcia re 1 Petition for Writ of Habeas Corpus. **Clerk's Note: docketed per instruction of 11 Order. (amg) (Entered: 06/24/2026)
Main Document: Supplemental

Parties

Garcia
Party
Mullin
Party