Completed
Case Information
Filed: June 14, 2026
Assigned to:
Richard Gaylore Stearns
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 30, 2026
Last Activity:
June 29, 2026
Parties:
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Docket Entries
#1
Jun 14, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11816469 Fee status: Filing Fee paid., filed by Ruben Martinez Tecu. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 06/14/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Jun 15, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (SP) (Entered: 06/15/2026)
#3
Jun 15, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 06/15/2026)
Main Document:
Order
#4
Jun 15, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Antone Moniz, David Wesling, David Venturella, Todd W. Blanche, Markwayne Mullin, U.S. Department of Homeland Security on 6/15/2026. (JAM) (Entered: 06/15/2026)
#5
Jun 15, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (JAM) (Entered: 06/15/2026)
Main Document:
General Order 19-02
Jun 15, 2026
Copy Mailed
Jun 15, 2026
Notice of Case Assignment
#6
Jun 16, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#7
Jun 16, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#8
Jun 22, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Jun 23, 2026
Judge Richard G. Stearns: ORDER entered - ORDER TO SHOW CAUSE - Show Cause Response due by 7/7/2026.Petitioner Ruben Martinez Tecu is Guatemalan and was arrested by U.S. Immigration and Customs Enforcement (ICE) on May 21, 2026. His original illegal entry into the United States occurred in 2013 at Hidalgo, Texas, and a removal Order was issued. Martinez Tecu claims he left voluntarily. See Dkt # 8-2. He illegally reentered the United States without detection in 2021 and ultimately filed an asylum claim. On June 26, 2026, after his recent arrest, ICE determined that Martinez Tecu lacked a reasonable fear of persecution and "reinstated" his old removal Order, citing U.S.C. § 1231(a)(5); 8 C.F.R. § 241;and Johnson v. Guzman Chavez, 594 U.S. 523, 529 (2021) (In Guzman Chavez, the Supreme Court held that § 1231 governs the detention of a noncitizen with a reinstated removal order while the noncitizen pursues these forms of relief.) Martinez Tecu requested that ICE provide him an opportunity for his asylum petition to be heard by an Immigration Judge, and asks this court for a bond hearing. The government claims that Martinez Tecu is detained under Section 1231, so is not entitled to a bond hearing, and under Zadvydas (six months is presumptively reasonable) and under the First Circuit's ruling in G.P. they have at least four years to make the asylum/removal determination. G.P. v. Garland, 103 F.4th 898, 901-902 (1st Cir. 2024) (held that an alien detained by ICE for more than four years while he pursued withholding-only protection could not meet his initial burden because his detention was not indefinite -- it would end upon the conclusion of the proceedings with a release into the United States or a removal outside the United States). Petitioner Ruben Martinez Tecu must show cause, within the next fourteen days (by July 7, 2026), why his current detention comes within this court's jurisdiction in light of the holdings in Guzman Chavez, § 1231 and Zadvydas.(MZ) (Entered: 06/23/2026)
Jun 23, 2026
Order To Show Cause
#10
Jun 29, 2026
Stipulation of Dismissal
Main Document:
Stipulation of Dismissal
#11
Jun 29, 2026
Notice - Other
Main Document:
Notice - Other
Parties
Martinez Tecu
Party
Moniz
Party