Southern District of Texas • 5:26-cv-01360

Garcia Diaz v. Cole

Active

Case Information

Filed: August 03, 2026
Assigned to: David Steven Morales
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 03, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Danilo Garcia Diaz. (Attachments: # 1 Envelope) (jb5) (Entered: 08/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
Clerk's Notice of Duplicate Case. Parties notified, filed. (jb5) (Entered: 08/03/2026)
Main Document: Clerks Notice of Duplicate Case (FORM, noticing)
#3
Aug 03, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (jb5) (Entered: 08/03/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#4
Aug 03, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 08/03/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Aug 03, 2026
Filing Fee Received
Aug 03, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500002435, filed. (eg5)
Aug 03, 2026
Referral Judge Selected
Aug 03, 2026
Referral Judge Selected: Magistrate Judge Christopher dos Santos randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (jb5)
#5
Aug 06, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.) The Court hereby ORDERS Respondents to file a response and serve it on Petitioner within ten (10) days of the date of service by the Clerk of Court.1 The responsive pleading must specifically address whether this Court has jurisdiction to entertain this Petition. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). Given the time-sensitive nature of Petitioners claims, no extensions will be granted.It is further ORDERED that if Petitioner elects to file a reply, they may do so no later than five (5) days after Respondents file their respective answers or responses. See Rule 5(e) of the Rules Governing Section 2254 Proceedings. Respondents are ORDERED to notify Petitioners counsel and the Court of any anticipated or planned transfer of Petitioner outside the Southern District of Texas, Laredo Division, or any planned removal of them from the United States, at least five (5) days before any such transfer or removal.Finally, Respondents will not be served further notice of activity on this docket. Instead, they must arrange to monitor the docket themselves, either by automatic electronic service or otherwise. (Signed by Judge Marina Garcia Marmolejo) Parties notified. (mtl5) (Entered: 08/06/2026)
Main Document: Order
Aug 14, 2026
Notice of Appearance - USA (Govt Use Only)
Aug 14, 2026
NOTICE OF APPEARANCE by Christopher David Bastian on behalf of ICE, filed. (Bastian, Christopher)
#8
Aug 15, 2026
MOTION for Summary Judgment RESPONSE TO THE PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR SUMMARY JUDGMENT by ICE, filed. Motion Docket Date 9/8/2026. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Bastian, Christopher) (Entered: 08/15/2026)
Main Document: Summary Judgment
#9
Aug 18, 2026
ORDER This case is reassigned to the docket of United States District Judge David S. Morales by agreement of the judges.Accordingly, the Clerk of Court is DIRECTED to TRANSFER this case to United States District Judge David S. Morales for further proceedings. (Signed by Judge Marina Garcia Marmolejo) Parties notified. (vm5) (Entered: 08/18/2026)
Main Document: Order
#10
Aug 25, 2026
Mail Returned Undeliverable as to Danilo Garcia Diaz re: 7 Document(s) Sent, filed. (mtl5) (Entered: 08/25/2026)
Main Document: Mail Returned Undeliverable

Parties

Cole
Party
Garcia Diaz
Party