Western District of Texas • 5:26-cv-04451

Martinez Martinez v. Attorney General of the United States

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Case Information

Filed: July 13, 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 17, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 13, 2026
Petition for Writ of Habeas Corpus, filed by Eduardo Martinez Martinez.(r013) (Entered: 07/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
MOTION to Proceed in forma pauperis by Eduardo Martinez Martinez. (kc) (Entered: 07/16/2026)
Main Document: Proceed In Forma Pauperis
#3
Jul 13, 2026
MOTION to Expedite by Eduardo Martinez Martinez. (kc) (Entered: 07/16/2026)
Main Document: Expedite
Jul 13, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Henry J. Bemporad (kc)
Jul 13, 2026
Case has been randomly assigned to the docket of Honorable Judge Xavier Rodriguez.. (kc)
#4
Jul 16, 2026
Case Opening Letter mailed to Eduardo Martinez Martinez. (kc) (Entered: 07/16/2026)
Main Document: Case Opening Letter
Jul 16, 2026
To be Referred to SA Mag Judge
Jul 16, 2026
Text Order DENYING 3 Motion to Expedite entered by Judge Xavier Rodriguez. The Court has received hundreds of habeas petitions. This case will be heard in due course. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
Jul 16, 2026
Order on Motion to Expedite
Jul 16, 2026
Case Assigned/Reassigned
#5
Jul 17, 2026
ORDER FOR SERVICE --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) Petitioners alleged country of birth;3 (2) Petitioners alleged date of entry and statutory basis for removability; (3) Petitioners previous immigration detention history, if any;4 and (4) Petitioners alleged immigration status.5 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 question6 and note any material factual differences between those cases and this one. 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. (mgr) (Entered: 07/17/2026)
Main Document: ORDER
Jul 17, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
Jul 17, 2026
Text Order GRANTING 2 Motion for Leave to Proceed in forma pauperis entered by Judge Xavier Rodriguez. The Court may waive the initial filing fee and costs where a plaintiff submits an affidavit indicating that he or she is unable to pay these fees and costs. 28 U.S.C. § 1915(a)(1). Plaintiff indicates that he has no income, has no access to funds, and is unable to pay the costs of these proceedings. ECF No. 2. The Court exercises its discretion to waive the fee. See Williams v. Estelle, 681 F.2d 946, 947 (5th Cir. 1982) (noting the Court's discretion in IFP determinations). (This is a text-only entry generated by the court. There is no document associated with this entry.)