Eastern District of Texas • 9:25-cv-00182
Hernandez Escalante v. Noem
Active
Case Information
Filed: June 25, 2025
Assigned to:
Michael Joseph Truncale
Referred to:
Christine L. Stetson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity:
August 04, 2025
Parties:
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Docket Entries
#1
Jun 06, 2025
PETITION for Writ of Habeas Corpus, filed by Mario Hernandez Escalante. (Attachments: # 1 Exhibit ICE Detention Information, # 2 Exhibit IJ Court Order, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Summons Proposed Summons as to Kristi Noem, # 5 Summons Proposed Summons as to Todd M. Lyons, # 6 Summons Proposed Summons as to Nikita Baker, # 7 Summons Proposed Summons as to the U.S. Attorney, # 8 Summons Proposed Summons as to the U.S. Attorney General)(Moravec, Joseph) [Transferred from Maryland on 6/25/2025.] (Entered: 06/06/2025)
Main Document:
PETITION
#2
Jun 06, 2025
AMENDED STANDING ORDER 2025-01. Signed by Chief Judge George Levi Russell, III on 5/28/2025. (chs, Deputy Clerk) [Transferred from Maryland on 6/25/2025.] (Entered: 06/06/2025)
Main Document:
AMENDED
#3
Jun 06, 2025
PAPERLESS NOTICE that a copy of Amended Standing Order 2025-01, Petition for Writ of Habeas Corpus, and Petitioner's full name and A# have been transmitted to the Chief and Deputy Chief of the Civil Division for the District of Maryland on June 6, 2025 at 6:05 a.m. Amended Standing Order 2025-01 is now effective. (chs, Deputy Clerk) [Transferred from Maryland on 6/25/2025.] (Entered: 06/06/2025)
Jun 06, 2025
Case assigned to Judge Paula Xinis. (chs, Deputy Clerk) [Transferred from Maryland on 6/25/2025.]
#4
Jun 09, 2025
MOTION to Dismiss for Lack of Jurisdiction by Nikita Baker, Todd M. Lyons, Kristi Noem (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Marzullo, Kelly) [Transferred from Maryland on 6/25/2025.] (Entered: 06/09/2025)
Main Document:
MOTION
#5
Jun 09, 2025
PAPERLESS ORDER: A recorded call has been scheduled for June 10, 2025 at 9:00 a.m. Instructions will be emailed to the parties. Signed by Judge Paula Xinis on 6/9/2025. (tb2s, Chambers) [Transferred from Maryland on 6/25/2025.] (Entered: 06/09/2025)
#6
Jun 10, 2025
AFFIDAVIT of Alba Gloria Hernandez Anguiano by Mario Hernandez Escalante(Moravec, Joseph) [Transferred from Maryland on 6/25/2025.] (Entered: 06/10/2025)
Main Document:
AFFIDAVIT
#7
Jun 10, 2025
NOTICE of Appearance by Tom Corcoran on behalf of Nikita Baker, Todd M. Lyons, Kristi Noem (Corcoran, Tom) [Transferred from Maryland on 6/25/2025.] (Entered: 06/10/2025)
Main Document:
NOTICE
#8
Jun 10, 2025
Telephone Conference held on 6/10/2025 before Judge Paula Xinis.(FTR - Ulander - 2C.) (bus, Deputy Clerk) [Transferred from Maryland on 6/25/2025.] (Entered: 06/10/2025)
Main Document:
Telephone
#9
Jun 10, 2025
ORDER regarding briefing schedule; Respondents, including all those acting for them or on their behalf, are thus ENJOINED and RESTRAINED from removing Petitioner from the continental United States or altering his legal status until further order of this Court. Signed by Judge Paula Xinis on 6/10/2025. (heps, Deputy Clerk) [Transferred from Maryland on 6/25/2025.] (Entered: 06/10/2025)
Main Document:
ORDER
#10
Jun 16, 2025
RESPONSE re 1 Petition for Writ of Habeas Corpus,, and Motion to Dismiss or, in the Alternative, to Stay filed by Nikita Baker, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Marzullo, Kelly) [Transferred from Maryland on 6/25/2025.] (Entered: 06/16/2025)
Main Document:
RESPONSE
#11
Jun 16, 2025
RESPONSE in Opposition re 4 MOTION to Dismiss for Lack of Jurisdiction filed by Mario Hernandez Escalante. (Attachments: # 1 Affidavit, # 2 Attachment Order to Show Cause in Tadros v. Noem (D.N.J. June 13, 2025))(Moravec, Joseph) [Transferred from Maryland on 6/25/2025.] (Entered: 06/16/2025)
Main Document:
RESPONSE
#12
Jun 18, 2025
NOTICE by Nikita Baker, Todd M. Lyons, Kristi Noem re 10 Response Correcting Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marzullo, Kelly) [Transferred from Maryland on 6/25/2025.] (Entered: 06/18/2025)
Main Document:
NOTICE
#13
Jun 20, 2025
REPLY to Response to Motion re 4 MOTION to Dismiss for Lack of Jurisdiction filed by Nikita Baker, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1)(Marzullo, Kelly) [Transferred from Maryland on 6/25/2025.] (Entered: 06/20/2025)
Main Document:
REPLY
#14
Jun 20, 2025
RESPONSE re 10 Response, 12 Notice (Other), RESPONSE to Motion filed by Mario Hernandez Escalante. (Attachments: # 1 Exhibit Warning to Alien, # 2 Exhibit Warrant of Removal/Deportation, # 3 Exhibit ICE Custody Review January 2020, # 4 Exhibit DVD v. DHS, Dkt 118 (Memorandum on Preliminary Injunction))(Moravec, Joseph) [Transferred from Maryland on 6/25/2025.] (Entered: 06/20/2025)
Main Document:
RESPONSE
#15
Jun 23, 2025
Supplement to 10 Response filed by Nikita Baker, Todd M. Lyons, Kristi Noem (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marzullo, Kelly) [Transferred from Maryland on 6/25/2025.] (Entered: 06/23/2025)
Main Document:
Supplement
#16
Jun 23, 2025
Motion Hearing held on 6/23/2025 re 4 MOTION to Dismiss for Lack of Jurisdiction (or to Transfer Case on the jurisdictional issue; or to Stay pending resolution of D.V.D. case presently before the Supreme Court) filed by Respondents - Argued - TAKEN UNDER ADVISEMENT, all as stated by and before Judge Paula Xinis. (Court Reporter: Paula Leeper - 2C) (tds, Deputy Clerk) [Transferred from Maryland on 6/25/2025.] (Entered: 06/23/2025)
Main Document:
Motion
#17
Jun 24, 2025
Supplement to 14 Response,, Response to Motion, filed by Mario Hernandez Escalante (Attachments: # 1 Exhibit Cordon-Salguero v. Noem, et al., 1:25-cv-1626-GLR, # 2 Exhibit DHS v. D.V.D., 606 U.S. __, Slip Op. (June 23, 2025))(Moravec, Joseph) [Transferred from Maryland on 6/25/2025.] (Entered: 06/24/2025)
Main Document:
Amend/Correct
#18
Jun 25, 2025
ORDER TERMINATING 9 Temporary Restraining Order; granting 4 Motion to Dismiss for Lack of Jurisdiction; DIRECTING the Clerk to TRANSFER case to the United States District Court for the Eastern District of Texas; CLOSING case. Signed by Judge Paula Xinis on 6/25/2025. (ybs, Deputy Clerk) Modified on 6/25/2025 (ybs). [Transferred from Maryland on 6/25/2025.] (Entered: 06/25/2025)
#19
Jun 25, 2025
Case transferred in from District of Maryland; Case Number 1:25-cv-01799. Original file certified copy of transfer order and docket sheet received. Pursuant to LR CV-7(j), other than in a prisoner case, any motion pending in the transferor district is considered moot, has been terminated, and must be re-urged to be considered in this district. (Entered: 06/25/2025)
Main Document:
Case Transferred In - District Transfer
#20
Jun 25, 2025
NOTICE of Attorney Appearance by Jessica Dawgert on behalf of Mario Hernandez Escalante (Dawgert, Jessica) (Entered: 06/25/2025)
Main Document:
Notice of Attorney Appearance
#21
Jun 25, 2025
NOTICE of Attorney Appearance by Kevin Hirst on behalf of Mario Hernandez Escalante (Hirst, Kevin) Modified on 6/25/2025 (saw). (Entered: 06/25/2025)
Main Document:
Notice of Attorney Appearance
#22
Jun 25, 2025
NOTICE of Attorney Appearance by Joseph Moravec on behalf of Mario Hernandez Escalante (Moravec, Joseph) (Entered: 06/25/2025)
Main Document:
Notice of Attorney Appearance
Jun 25, 2025
Case referred to Magistrate Judge Christine L. Stetson. (ljw)
Jun 25, 2025
Case Referred to Magistrate Judge
Jun 30, 2025
Case Assigned/Reassigned
#23
Jul 01, 2025
Order Referring Case to Magistrate Judge
Main Document:
Order Referring Case to Magistrate Judge
#25
Jul 03, 2025
Order
Main Document:
Order
#26
Jul 07, 2025
Sealed Additional Attachments to Main Document
Main Document:
Sealed Additional Attachments to Main Document
#27
Jul 07, 2025
Sealed Additional Attachments to Main Document
Main Document:
Sealed Additional Attachments to Main Document
#28
Jul 07, 2025
Seal Document
Main Document:
Seal Document
#29
Jul 07, 2025
Status Report
Main Document:
Status Report
#30
Jul 08, 2025
Order on Motion to Seal Document
Main Document:
Order on Motion to Seal Document
#31
Jul 11, 2025
Report and Recommendations
Main Document:
Report and Recommendations
#32
Jul 14, 2025
Preliminary Injunction
Main Document:
Preliminary Injunction
#33
Jul 15, 2025
Order
Main Document:
Order
#34
Jul 16, 2025
Response in Opposition to Motion
Main Document:
Response in Opposition to Motion
#35
Jul 18, 2025
Reply to Response to Motion
Main Document:
Reply to Response to Motion
#36
Jul 18, 2025
Order on Motion for Preliminary Injunction
Main Document:
Order on Motion for Preliminary Injunction
#37
Jul 25, 2025
Response to Non-Motion
Main Document:
Response to Non-Motion
#39
Jul 29, 2025
AMENDED ORDER STRIKING OBJECTIONS. Signed by Magistrate Judge Christine L. Stetson on 7/29/25. (ljw) (Entered: 07/29/2025)
#40
Jul 30, 2025
File Excess Pages
Main Document:
File Excess Pages
#41
Jul 30, 2025
Response to Non-Motion
Main Document:
Response to Non-Motion
#42
Jul 31, 2025
Order on Motion for Leave to File Excess Pages
Main Document:
Order on Motion for Leave to File Excess Pages
#43
Aug 04, 2025
Order Adopting Report and Recommendations
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