Southern District of Texas • 1:26-cv-00745

#1

Jul 07, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-36274747) filed by Gerardo Alejandro Avila Diaz. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F) (Alvarez, Jesus) (Entered: 07/07/2026)

#2

Jul 07, 2026

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

#3

Jul 08, 2026

ORDER REFERRING CASE to Magistrate Judge Karen Betancourt (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (edg1) (Entered: 07/08/2026)

Jul 08, 2026

Referral Judge Selected

Jul 08, 2026

Referral Judge Selected: Magistrate Judge Karen Betancourt randomly selected to receive referrals. The District Judge has referred this case to the selected Magistrate Judge for all pretrial matters, pursuant to 28 U.S.C. 636(b). The parties may also consent to having the case assigned to the selected Magistrate Judge. (dlr1)

#4

Jul 13, 2026

CONSENT to Proceed Before a Magistrate Judge by Gerardo Alejandro Avila Diaz, filed. (Alvarez, Jesus) (Entered: 07/13/2026)

#5

Jul 21, 2026

ORDER ENTERED. The Court ORDERS Petitioner to file additional information pertaining to his detention. Such information may include: (1) whether Petitioner has been issued an order of removal by an Immigration Judge, and if so, when (2) whether he has appealed such decision to the Board of Immigration Appeals. (Signed by Magistrate Judge Karen Betancourt) Parties notified. (edg1) (Entered: 07/21/2026)

Jul 21, 2026

Order

#6

Jul 23, 2026

RESPONSE to 5 Order, For More Definite Statement, filed by Gerardo Alejandro Avila Diaz. (Alvarez, Jesus) (Entered: 07/23/2026)

#7

Aug 04, 2026

Request for Issuance of Summons as to United States Of America, filed. (Alvarez, Jesus) (Entered: 08/04/2026)

#8

Aug 05, 2026

Summons Issued as to United States Of America. Issued summons delivered to plaintiff by NEF, filed. (jrl1) (Entered: 08/05/2026)

#9

Aug 05, 2026

RETURN of Service of SUMMONS Executed as to United States Of America served on 8/5/2026, answer due 10/5/2026, filed. (Alvarez, Jesus) (Entered: 08/05/2026)

#10

Aug 12, 2026

MOTION for Summary Judgment by Gerardo Alejandro Avila Diaz, filed. Motions referred to Karen Betancourt. Motion Docket Date 9/2/2026. (Alvarez, Jesus) (Entered: 08/12/2026)

#11

Aug 28, 2026

AMENDED MOTION( Motion Docket Date 9/18/2026.), Amended MOTION for Writ Habeas Corpus by Gerardo Alejandro Avila Diaz, filed. Motions referred to Karen Betancourt. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R) (Alvarez, Jesus) (Entered: 08/28/2026)

#12

Aug 28, 2026

MEMORANDUM and Order Granting Writ of Habeas Corpus re: 11 AMENDED MOTIONAmended MOTION for Writ Habeas Corpus by Gerardo Alejandro Avila Diaz, filed. (Alvarez, Jesus) (Entered: 08/28/2026)

#13

Sep 09, 2026

ORDER TO SHOW CAUSE PURSUANT TO 28 U.S.C. 2243. Re: 1 Petition for Writ of Habeas Corpus. Respondents are ordered to show cause why the writ of habeas corpus should not be granted by no later than September 29, 2026. The Clerk of Court isDIRECTEDto deliver copies of the most recent petition and this Order to the United States Attorney for the Southern District of Texas by electronic mail. (Served electronically on USAO per MOU.) (Signed by Magistrate Judge Karen Betancourt) Parties notified. (dlr1) (Entered: 09/09/2026)

Sep 25, 2026

NOTICE OF APPEARANCE by Alexander Roland McDonough on behalf of United States Of America, filed. (McDonough, Alexander)

Sep 25, 2026

Notice of Appearance - USA (Govt Use Only)

#15

Sep 29, 2026

MOTION for Summary Judgment and Response to Petition for Writ of Habeas Corpus by United States Of America, filed. Motions referred to Karen Betancourt. Motion Docket Date 10/20/2026. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (McDonough, Alexander) (Entered: 09/29/2026)

#16

Oct 13, 2026

Response in Opposition to Motion