Western District of Texas • 5:26-cv-03918

Herrera-Lopez v. Mulling

Active

Case Information

Filed: June 20, 2026
Assigned to: Xavier Rodriguez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 08, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 20, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BTXWDC-22164620), filed by RENE HERRERA-LOPEZ. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Shefer, Nera) (Entered: 06/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 20, 2026
REQUEST FOR ISSUANCE OF SUMMONS by RENE HERRERA-LOPEZ. (Shefer, Nera) (Entered: 06/20/2026)
Main Document: Request for Issuance of Summons
Jun 20, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (rqr)
Jun 20, 2026
Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rqr)
#3
Jun 22, 2026
TEXT ORDER FOR SERVICE of 1 for Writ of Habeas Corpus signed by Judge Xavier Rodriguez. It is ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in San Antonio, Texas, shall constitute service on the Federal Respondents and on all Respondents unless otherwise contested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within seven (7) days of the date of service. The response must identify: (1) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's alleged date of entry and statutory basis for removability; (3) any previous immigration detention history, e.g., whether Petitioner has previously been subject to immigration detention and, if so, the approximate date of Petitioner's previous release into the interior; and (4) Petitioner's alleged immigration status, e.g., whether Petitioner has a pending claim for asylum, withholding of removal, or protection under the Convention Against Torture or is subject to a final removal order. Additionally, because this case appears to turn on whether Petitioners detention without a bond hearing violates the due process rights afforded to noncitizens who have established a substantial presence in the United States, Respondents must consider the Courts prior orders addressing this question and note any material factual differences between those cases and this one. E.g., Valencia Reyes v. Noem, No. SA-25-CV-1921-XR, 2026 WL 981034 (W.D. Tex. Feb. 25, 2026); Gonzalez Carrillo v. Bondi, No. SA-26-CV-778-XR, 2026 WL 981037 (W.D. Tex. Feb. 26, 2026). If Respondents so choose, in lieu of a full response, they may instead file a response indicating that there are no material factual differences here and preserving all legal arguments made by the Federal Respondents in those cases. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than seven days after the Respondents file their answers/responses. Signed by Judge Xavier Rodriguez. (TMlc) (Entered: 06/22/2026)
Jun 22, 2026
To be Referred to SA Mag Judge
Jun 22, 2026
Case Assigned/Reassigned
Jun 22, 2026
Order
#4
Jun 29, 2026
Response
Main Document: Response
#5
Jul 06, 2026
Response
Main Document: Response
#6
Jul 08, 2026
Order
Main Document: Order

Parties

Herrera-Lopez
Party
Mulling
Party