Western District of Texas • 5:26-cv-04456

Tovar v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: July 13, 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
Completed: September 29, 2026
Last Activity: September 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 13, 2026
Petition for Writ of Habeas Corpus (Filing fee $ 5 DUE), filed by Maryelis Tovar, I.T..(r013) (Entered: 07/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
Case Opening Letter mailed to Maryelis Tovar. (bc) (Entered: 07/16/2026)
Main Document: Case Opening Letter
Jul 13, 2026
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY (bc)
Jul 13, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)
Jul 16, 2026
Remark (No Doc#)
Jul 16, 2026
To be Referred to SA Mag Judge
#3
Jul 28, 2026
ORDER OF DEFICIENCY--IT IS THEREFORE ORDERED that within twenty (20) days from the date of this Order, Petitioner must submit to this Court either the required filing fee of $5.00 or an application to proceed IFP, along with a current institutional trust fund account statement showing deposits and balances to his/her institutional account for the previous six months.. Signed by Judge Fred Biery. (vl) (Entered: 07/29/2026)
Main Document: Order
#4
Aug 10, 2026
Habeas Corpus Filing fee received in the amount of $5, receipt number 12409 (bt) (Entered: 08/13/2026)
Main Document: Filing Fee Received
#5
Aug 18, 2026
Text ORDER FOR SERVICE of 1 Petition for Writ of Habeas Corpus. 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 thirty (30) 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. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than fifteen (15) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md) (Entered: 08/18/2026)
Aug 18, 2026
Order
#6
Sep 16, 2026
ADVISORY TO THE COURT by U.S. Immigration and Customs Enforcement Advisory Regarding Custody Status. (Attachments: # 1 Exhibit A)(Esparza, Fidel) (Entered: 09/16/2026)
Main Document: Advisory to the Court
#9
Sep 29, 2026
JUDGMENT. Signed by Judge Fred Biery. (vl) (Entered: 09/29/2026)
Main Document: Judgment AND ~Util - Set/Clear Flags
#10
Sep 29, 2026
DISMISSAL ORDER-- Accordingly, Petitioners 28 U.S.C. § 2241 Habeas Corpus Petition (ECF No. 1) is DISMISSED WITHOUT PREJUDICE AS MOOT. All pending motions, if any, are also DISMISSED AS MOOT. Signed by Judge Fred Biery. (bt) (Entered: 09/30/2026)
Main Document: Order

Parties

Tovar
Party
U.S. Immigration and Customs Enforcement
Party