Southern District of Texas • 5:26-cv-01605

Hernandez-Duran v. Warden

Active

Case Information

Filed: September 10, 2026
Assigned to: Diana Saldana
Referred to: Diana Song Quiroga
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: September 24, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 10, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-36807209) filed by Roberto Hernandez-Duran. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A - ICE Locator, # 3 Exhibit Exhibit B - Notice to Appear, # 4 Exhibit Exhibit C - Automated Case Information) (Villar, Pedro) (Entered: 09/10/2026)
Main Document: PETITION
#2
Sep 10, 2026
ORDER REFERRING CASE to Magistrate Judge Diana Song Quiroga. (Signed by Judge Diana Saldana) Parties notified. (tat5) (Entered: 09/10/2026)
Main Document: ORDER
#3
Sep 10, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 09/10/2026)
Main Document: Clerk's
Sep 10, 2026
Referral Judge Selected: Magistrate Judge Diana Song Quiroga randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (tat5)
#4
Sep 11, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) Respondents are hereby ORDERED to show cause and submit a response to the Habeas Petition, 1, and serve it on Petitioner no later than September 17, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. § 2243. The Court advises the Respondents that if no response is received, the Court may treat the petition as unopposed. Petitioner is ORDERED to submit a reply to Respondents Response on or before September 22, 2026. Additionally, it is further ORDERED that Respondents must notify the Court of any anticipated or planned transfer or removal of Petitioner outside of the Southern District of Texas at least five (5) days beforehand and then inform the Court IMMEDIATELY after any transfer or removal occurs. (Signed by Judge Diana Saldana) Parties notified. (mtl5) (Entered: 09/11/2026)
Main Document: Order
#6
Sep 16, 2026
MOTION for Summary Judgment and Response to Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, David J. Venturella, Miguel Vergara, filed. Motion Docket Date 10/7/2026. (Attachments: # 1 Exhibit, # 2 Exhibit) (McDonough, Alexander) (Entered: 09/16/2026)
Main Document: MOTION
#7
Sep 16, 2026
RESPONSE in Opposition to 6 MOTION for Summary Judgment and Response to Petition for Writ of Habeas Corpus, filed by Roberto Hernandez-Duran. (Villar, Pedro) (Entered: 09/16/2026)
Main Document: RESPONSE
Sep 16, 2026
NOTICE OF APPEARANCE by Alexander Roland McDonough on behalf of Todd Blanche, Markwayne Mullin, David J. Venturella, Miguel Vergara, filed. (McDonough, Alexander)
#8
Sep 23, 2026
ORDER. Petitioners Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED. Respondents Response to the Petition for Writ of Habeas Corpus and Motion for Summary Judgment, (Dkt. 6), is DENIED.Respondents are ORDERED to RELEASE Petitioner from custody immediately, under reasonable conditions of release, and to submit a status report to the Court confirming Petitioners release within 24 hours of the date of this Order.Respondents must notify Petitioners counsel of the exact time and location of Petitioners release no less than three hours prior to Petitioners release from custody.Respondents must return any and all identification documents and personal belongings taken from Petitioner at the time of apprehension or during detention. If Petitioner is redetained under 8 U.S.C. § 1225(b), all applicable regulations and procedures must be followed, including that Petitioner be afforded an individualized assessment of Petitioners flight risk and dangerousness as guaranteed under the Due Process Clause of the Fifth Amendment.(Signed by Judge Diana Saldana) Parties notified. (tat5) (Entered: 09/23/2026)
Main Document: Order
#9
Sep 24, 2026
STATUS REPORT by Todd Blanche, Markwayne Mullin, David J. Venturella, Miguel Vergara, filed. (Attachments: # 1 Exhibit) (McDonough, Alexander) (Entered: 09/24/2026)
Main Document: Status Report

Parties

Hernandez-Duran
Party
Warden
Party