Southern District of Texas • 5:26-cv-01196

#1

Jul 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Gearvis Mercado Leyva. (Attachments: # 1 Exhibit, # 2 Envelope) (vm5) (Entered: 07/02/2026)

#2

Jul 02, 2026

ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge Diana Saldana) Parties notified. (vm5) (Entered: 07/02/2026)

#3

Jul 02, 2026

NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (vm5) (Entered: 07/02/2026)

#4

Jul 02, 2026

CLERKS NOTICE of Filing Fee Due for filing of a case. Parties notified. (vm5) (Entered: 07/02/2026)

#5

Jul 02, 2026

Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 07/02/2026)

Jul 02, 2026

Referral Judge Selected: Magistrate Judge Christopher dos Santos randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (vm5)

Jul 02, 2026

Referral Judge Selected

#7

Jul 06, 2026

ORDER. Having reviewed the Petition, Respondents are hereby ORDERED to show cause and submit a response to the habeas petition, (Dkt. 1), and serve it on Petitioner via mail by anyreceipted means no later than July 13, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. § 2243.1 The Court advises the Respondents that if no response is received, the Court may treat the petition as unopposed. Petitioner is permitted to submit a reply on or before July 20, 2026. re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.) (Signed by Judge Diana Saldana) Parties notified. (jb5) (Entered: 07/06/2026)

#10

Jul 13, 2026

MOTION for Summary Judgment RESPONSE TO THE PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR SUMMARY JUDGMENT by United States Department of Justice Immigration Court, filed. Motions referred to Christopher dos Santos. Motion Docket Date 8/3/2026. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Bastian, Christopher) (Entered: 07/13/2026)

Jul 13, 2026

Notice of Appearance - USA (Govt Use Only)

Jul 13, 2026

NOTICE OF APPEARANCE by Christopher David Bastian on behalf of United States Department of Justice Immigration Court, filed. (Bastian, Christopher)

Jul 14, 2026

Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500002341, filed. (eg5)

Jul 14, 2026

Filing Fee Received

#11

Jul 23, 2026

ORDER. Petitioners Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED. Respondents Response to the Petition for Writ of Habeas Corpus and Motion for Summary Judgment, (Dkt. 10), is DENIED.Respondents are ORDERED to RELEASE Petitioner from custody immediately, under reasonable conditions of release, and to submit a status report to the Court confirming Petitioner's release within 24 hours of the date of this Order.Respondents must return any and all identification documents and personal belongings taken from Petitioner at the time of apprehension or during detention.Respondents must provide Petitioner with a printed copy of this Order granting the habeas petition and ordering release from custody.If Petitioner is redetained under 8 U.S.C. § 1225(b), all applicable regulations and procedures must be followed, including that Petitioner be afforded an individualized assessmentof Petitioners flight risk and dangerousness as guaranteed under the Due Process Clause of the Fifth Amendment. (Signed by Judge Diana Saldana) Parties notified. (tat5) (Entered: 07/23/2026)

#12

Jul 24, 2026

ADVISORY by United States Department of Justice Immigration Court, filed. (Bastian, Christopher) (Entered: 07/24/2026)

#13

Jul 28, 2026

Extension of Time

#14

Aug 11, 2026

Judgment - Final