Western District of Texas • 5:26-cv-04042

Zuniga Zelaya v. Mullin

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Case Information

Filed: June 27, 2026
Assigned to: Samuel Frederick Biery Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: June 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 27, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-22204952), filed by Juan Pablo Zuniga Zelaya. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Marriage Certificate)(Vega Davila, Maria) (Entered: 06/27/2026)
Main Document: Petition for Writ of Habeas Corpus
Jun 27, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (mgr)
Jun 27, 2026
Case assigned to Judge Fred Biery. 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. (mgr)
#2
Jun 29, 2026
ORDER FOR SERVICE AND FURTHER ORDERS OF THE COURT--IT IS FURTHER ORDERED that Respondents shall file a response to the Petition (ECF No.1) within seven (7) days of the date of service. The Response MUST identify:(1)Petitioners alleged country of birth;3(2)(3)(4)Petitioners alleged date of entry and statutory basis for removability;Petitioners previous immigration detention history, if any;4 and Petitioners alleged immigration status.5Additionally, because this case appears to turn on whether Petitioners detention without a bondhearing violates the due process rights afforded to noncitizens who have established a presence in theUnited States, Respondents MUST consider the Courts prior orders addressing this question6 andnote any material factual differences between those cases and this one. If Respondents so choose, inlieu of a full response, they may instead file a response indicating that there are no material factualdifferences 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 nolater than seven (7) days after the Respondents file their answers/responses. IT IS FINALLY ORDERED that any possible or anticipated transfer of Petitioner isIMMEDIATELY STAYED7 until further order from this Court. Respondents shall not transferPetitioner outside of this judicial district during the pendency of this litigation and until furtherOrder of this Court. Of course, this Order does not stay this case or any order of removal and/orremoval proceedings and does not preclude Respondents from taking necessary steps to effectPetitioners removal. Instead, only the physical transfer of the Petitioner is stayed at this time. Signed by Judge Fred Biery. (mgr) (Entered: 06/29/2026)
Main Document: Order
Jun 29, 2026
Case Assigned/Reassigned
Jun 29, 2026
To be Referred to SA Mag Judge