Western District of Texas • 5:26-cv-04794

Diaz Herrero v. Vergara

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Case Information

Filed: July 27, 2026
Assigned to: Jason K Pulliam
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 27, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-22373316), filed by Ali Esteban Diaz Herrero. (Attachments: # 1 Civil Cover Sheet)(Villalon, Lorena) (Entered: 07/27/2026)
Main Document: Petition for Writ of Habeas Corpus
Jul 27, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (cih)
Jul 27, 2026
To be Referred to SA Mag Judge
Jul 27, 2026
Case Assigned/Reassigned
Jul 27, 2026
Case assigned to Judge Jason K. Pulliam. 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. (cih)
#2
Jul 28, 2026
STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (r013) (Entered: 07/28/2026)
Main Document: Order
#3
Aug 04, 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 seven (7) 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 seven days after the Respondents file their answers/responses. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 08/04/2026)
Aug 04, 2026
Order
#4
Aug 11, 2026
RESPONSE to Petition to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Department of Homeland Security, Markwayne Mullin, Miguel Vergara. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Miller, Kenneth) (Entered: 08/11/2026)
Main Document: Response
#5
Aug 31, 2026
MOTION for Leave to File Response and Motion for Release by Ali Esteban Diaz Herrero. (Attachments: # 1 Proposed Response)(vl) (Entered: 09/02/2026)
Main Document: Leave to File Document
#6
Sep 16, 2026
MOTION to Withdraw as Attorney by Ali Esteban Diaz Herrero. (Villalon, Lorena) (Entered: 09/16/2026)
Main Document: Withdraw As Attorney
#7
Sep 17, 2026
Text Order GRANTING as unopposed 6 Motion to Withdraw as Counsel. With agreement of Petitioner, attorney Lorena Villalon seeks leave to withdraw as counsel of record in this case. The Court GRANTS the motion. Lorena Villalon is hereby permitted to withdraw from this matter and is hereby relieved of any further obligation in this matter. Electronic notice to her in this case is hereby terminated, effective the date of this order. Unless another attorney enters an appearance in this case, Petitioner will proceed without counsel. The Clerk of Court should note on the docket that Lorena Villalon is terminated as an attorney in this case as of this date. Signed by Judge Jason K. Pulliam (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 09/17/2026)
#8
Sep 17, 2026
Text Order GRANTING as uncontested 5 Petitioner's Motion for Leave to File his Reply and Supplemental Motion Out of Time. Petitioner filed the motion pro se before his attorney withdrew from this case. Nevertheless, the Court accepts the motion despite that procedural irregularity. Respondents have filed no response to the motion and the time for doing so has passed. For good cause shown and in the interests of justice, the Court grants the motion. The Clerk of Court shall file the reply that is attached to the motion as ECF No. 5-1. Although ECF No. 5-1 contains a reply along with various attachments, the Clerk of Court shall file ECF No. 5-1 in its entirety and docket it as Petitioner's Reply. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 09/17/2026)
#9
Sep 17, 2026
Petitioner's Reply to 4 Response, by Ali Esteban Diaz Herrero. (rqr) (Entered: 09/18/2026)
Main Document: Response
Sep 17, 2026
Order on Motion for Leave to File
Sep 17, 2026
Order on Motion to Withdraw as Attorney
#10
Oct 21, 2026
Notice
Main Document: Notice