Southern District of Texas • 1:26-cv-00666

Escobar Penado v. Mullin

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Case Information

Filed: June 12, 2026
Assigned to: Fernando Rodriguez Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 12, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-36094908) filed by Edwin De Jesus Escobar Penado. (Attachments: # 1 Exhibit Exhibit 1, DHS Form I-871, Notice of Intent to Reinstate Prior Order, # 2 Exhibit Exhibit 2, OSUP Personal Report Record, # 3 Exhibit Exhibit 3, Order of the Immigration Judge granting Withholding of Removal, # 4 Exhibit Exhibit 4, Email RFI Request, # 5 Exhibit Exhibit 5, I-765 Application for Employment Authorization Document approval notice, # 6 Civil Cover Sheet) (Sosa, Dianisa) (Entered: 06/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 12, 2026
MOTION for Temporary Restraining Order by Edwin De Jesus Escobar Penado, filed. Motion Docket Date 7/6/2026. (Attachments: # 1 Exhibit Ex. 1, DHS Guidance, # 2 Exhibit Ex. 2 - TRO Email Notice, # 3 Proposed Order Proposed Order Granting TRO) (Sosa, Dianisa) (Entered: 06/12/2026)
Main Document: Temporary Restraining Order
#3
Jun 12, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 06/12/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#4
Jun 15, 2026
Temporary Restraining Order entered by the Court re: 1 Petition for Writ of Habeas Corpus. Ordered that Respondents shall not remove Petitioner to a designated third country. Ordered that Respondents are enjoined from Petitioner Edwin de Jesus Escobar Penado outside of the Southern District of Texas during the effective dates of this Temporary Restraining Order. Ordered that the parties shall attend a hearing on this matter on June 26, 2026, at 10:00 a.m. by videoconference. (Served electronically on USAO per MOU.) Responses due by 6/24/2026. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (dar1) (Entered: 06/15/2026)
Main Document: Order
Jun 15, 2026
Set/Reset Hearings & Other Court Settings
Jun 15, 2026
Referral Judge Selected
Jun 15, 2026
Referral Judge Selected: Magistrate Judge Ignacio Torteya, III randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (dlr1)
Jun 15, 2026
***Set/Reset Hearings: Motion Hearing set for 6/26/2026 at 10:00 AM in by video before Judge Fernando Rodriguez Jr (dar1)
#6
Jun 24, 2026
NOTICE of Appearance by Stephanie E. Gibbs on behalf of Edwin De Jesus Escobar Penado, filed. (Gibbs, Stephanie) (Entered: 06/24/2026)
Main Document: Notice of Appearance
#7
Jun 24, 2026
MOTION to Dismiss 1 Petition for Writ of Habeas Corpus,,, MOTION for Summary Judgment and Response to Petition for Writ of Habeas Corpus ( Motion Docket Date 7/15/2026.) by Todd Blanche, Markwayne Mullin, David Venturella, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (McDonough, Alexander) (Entered: 06/24/2026)
Main Document: Dismiss AND Summary Judgment
Jun 24, 2026
NOTICE OF APPEARANCE by Alexander Roland McDonough on behalf of Todd Blanche, Markwayne Mullin, David Venturella, filed. (McDonough, Alexander)
Jun 24, 2026
Notice of Appearance - USA (Govt Use Only)
#8
Jun 25, 2026
REPLY to 7 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus,, MOTION for Summary Judgment and Response to Petition for Writ of Habeas Corpus, filed by Edwin De Jesus Escobar Penado. (Attachments: # 1 Exhibit USCIS Third Country Screening) (Sosa, Dianisa) (Entered: 06/25/2026)
Main Document: Reply
#9
Jun 26, 2026
SUPPLEMENT to 7 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus,, MOTION for Summary Judgment and Response to Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, David Venturella, filed. (McDonough, Alexander) (Entered: 06/26/2026)
Main Document: Supplement
#10
Jun 26, 2026
PRELIMINARY INJUNCTION. ORDERED that Respondents may not remove Petitioner to a third country less than seven days after providing him with the notice of the country to which he will be removed; and ORDERED that Respondents shall comply with the notice and screening provisions of the March 2025 Guidance as to Petitioner, irrespective of whether the Secretary has determined that the country of removal has provided credible diplomatic assurances that aliens removed to that country will not be persecuted or tortured, and subject to the other requirements in this Order. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (edg1) (Entered: 06/26/2026)
Main Document: Preliminary Injunction
Jun 26, 2026
Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Dianisa Erica Sosa and Stephanie Elizabeth Gibbs f/Petitioner; Alexander Roland McDonough, AUSA, f/Respondents; (Court Reporter: Sheila Perales) (Law Clerk: Will Rocci) [Court time: 10:04-10:26]. MOTION HEARING held on 6/26/2026. Case called; appearances made. Court addressed counsel regarding pending motion 2 MOTION for Temporary Restraining Order; arguments heard. Preliminary Injunction order to be issued. Petitioner's supplemental brief due by 7/8/2026; Respondent Response due by 7/15/2026. Court adjourned. (bce1)
Jun 26, 2026
Motion Hearing
#11
Jul 08, 2026
REPLY to 9 Supplement, and Argument of Habeas Jurisdiction, filed by Edwin De Jesus Escobar Penado. (Sosa, Dianisa) (Entered: 07/08/2026)
Main Document: Reply
#12
Jul 08, 2026
MOTION to Amend 10 Preliminary Injunction,, by Edwin De Jesus Escobar Penado, filed. Motion Docket Date 7/29/2026. (Sosa, Dianisa) (Entered: 07/08/2026)
Main Document: Amend
#13
Jul 13, 2026
Opposed MOTION to Dismiss without Prejudice by Edwin De Jesus Escobar Penado, filed. Motion Docket Date 8/3/2026. (Attachments: # 1 Proposed Order) (Sosa, Dianisa) (Entered: 07/13/2026)
Main Document: Dismiss
#14
Jul 14, 2026
Response
Main Document: Response
#15
Jul 15, 2026
Reply in Support of Motion
Main Document: Reply in Support of Motion
#16
Jul 30, 2026
Other Notice
Main Document: Other Notice
#17
Jul 30, 2026
Emergency
Main Document: Emergency
#18
Jul 30, 2026
Response
Main Document: Response
#19
Jul 31, 2026
Order on Motion to Amend
Main Document: Order on Motion to Amend
#20
Aug 24, 2026
Dismiss
Main Document: Dismiss

Parties

Escobar Penado
Party
Mullin
Party