Western District of Texas • 1:26-cv-02096

#1

Jul 28, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 3732), filed by Oleksii Martyniuk. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9A, # 12 Exhibit 9B, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15,# 19 Receipt). (cnr) (Entered: 07/28/2026)

#2

Jul 28, 2026

Emergency Motion for a Temporary Restraining Order Preventing Transfer out of Jurisdiction by Oleksii Martyniuk. (Attachments: # 1 Declaration of Oleksii Matyniuk in Support). (cnr) (Entered: 07/28/2026)

Jul 28, 2026

Case assigned to Judge Xavier Rodriguez. 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. (cnr)

Jul 28, 2026

To be Referred to AU Mag Judge

Jul 28, 2026

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Susan Hightower. (cnr)

#3

Jul 29, 2026

Additional MOTION for Temporary Restraining Order Preventing Transfer Out of Jurisdiction by Oleksii Martyniuk. (dm) (Entered: 07/29/2026)

#4

Jul 29, 2026

TEXT ORDER FOR SERVICE of 1 Writ of Habeas Corpus signed by Judge Xavier Rodriguez. 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. 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 question and note any material factual differences between those cases and this one. E.g., Valencia Reyes v. Noem, No. SA-25-CV-1921-XR, 2026 WL 981034 (W.D. Tex. Feb. 25, 2026); Gonzalez Carrillo v. Bondi, No. SA-26-CV-778-XR, 2026 WL 981037 (W.D. Tex. Feb. 26, 2026). 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. (cb) (Entered: 07/29/2026)

Jul 29, 2026

Order

Jul 29, 2026

Case Assigned/Reassigned

Aug 03, 2026

Text Order DENYING 2 Motion for TRO Enjoining Transfer entered by Judge Xavier Rodriguez. The Court need enjoin any transfer of Petitioner to a different detention facility because such a transfer would not deprive the Court of jurisdiction over the Petition. See Griffin v. Ebbert, 751 F.3d 288, 290 (5th Cir. 2014). (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Aug 03, 2026

Order on Motion for TRO

Aug 03, 2026

Text Order TERMINATING 3 Motion for TRO entered by Judge Xavier Rodriguez as duplicative of the previous motion to enjoin Petitioner's transfer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

#5

Aug 05, 2026

RESPONSE RESPONSE TO PETITION by Marcus A. Ortega, Secretary of Department of Homeland Security (DHS). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Esparza, Fidel) (Entered: 08/05/2026)

#6

Aug 17, 2026

SUPPLEMENT to 5 Response SUPPLEMENT TO RESPONSE TO PETITION ECF No. 5 by Marcus A. Ortega, Secretary of Department of Homeland Security (DHS). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Esparza, Fidel) (Entered: 08/17/2026)

#7

Aug 17, 2026

CERTIFICATE OF SERVICE by Marcus A. Ortega, Secretary of Department of Homeland Security (DHS) 6 Supplement (Esparza, Fidel) (Entered: 08/17/2026)