Western District of Texas • 1:26-cv-02533

Figueroa v. Vergara

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Case Information

Filed: September 14, 2026
Assigned to: Xavier Rodriguez
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 14, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-22652604), filed by Gustavo Enrique Figueroa. (Attachments: # 1 Cover Letter for Filing, # 2 Civil Cover Sheet, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Lazo, Margie) (Entered: 09/14/2026)
Main Document: Petition for Writ of Habeas Corpus
Sep 14, 2026
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (lme)
Sep 14, 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. (lme)
Sep 16, 2026
To be Referred to AU Mag Judge
Sep 16, 2026
Case Assigned/Reassigned
#2
Sep 21, 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 Austin, 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. 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) the Government's claimed statutory authority for detaining Petitioner (e.g., 8 U.S.C. § 1225(b)(2), § 1231); (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, if this case turns on whether Petitioner's 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 Court's 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. (Entered: 09/21/2026)
Sep 21, 2026
Order
#3
Sep 28, 2026
MOTION to Dismiss Federal Respondents' Motion to Dismiss Successive Petition by Todd Blanche, Markwayne Mullin, David J. Venturella, Miguel Vergara. (Attachments: # 1 Exhibit A)(Miller, Kenneth) (Entered: 09/28/2026)
Main Document: Dismiss
#4
Oct 01, 2026
Response in Opposition to Motion, filed by Gustavo Enrique Figueroa, re 3 MOTION to Dismiss Federal Respondents' Motion to Dismiss Successive Petition filed by Respondent Markwayne Mullin, Respondent David J. Venturella, Respondent Todd Blanche, Respondent Miguel Vergara (Lazo, Margie) (Entered: 10/01/2026)
Main Document: Response in Opposition to Motion
#5
Oct 01, 2026
Response in Opposition to Motion, filed by Gustavo Enrique Figueroa, re 3 MOTION to Dismiss Federal Respondents' Motion to Dismiss Successive Petition filed by Respondent Markwayne Mullin, Respondent David J. Venturella, Respondent Todd Blanche, Respondent Miguel Vergara (Lazo, Margie) (Entered: 10/01/2026)
Main Document: Response in Opposition to Motion
#6
Oct 01, 2026
AMENDMENT to Petition for Writ of Habeas Corpus, against Todd Blanche, Charlotte Collins, Markwayne Mullin, David J. Venturella, Miguel Vergara amending 1, filed by Gustavo Enrique Figueroa. (Attachments: # 1 Civil Cover Sheet)(Lazo, Margie) (Entered: 10/01/2026)
Main Document: Amendment
#7
Oct 02, 2026
MOTION to Dismiss Federal Respondents' Motion to Dismiss Successive Petition by Todd Blanche, Markwayne Mullin, David J. Venturella, Miguel Vergara. (Attachments: # 1 Exhibit A)(Miller, Kenneth) (Entered: 10/02/2026)
Main Document: Dismiss
#8
Oct 09, 2026
MOTION to Strike 4 Response in Opposition to Motion, by Gustavo Enrique Figueroa. (Lazo, Margie) (Entered: 10/09/2026)
Main Document: Strike

Parties

Figueroa
Party
Vergara
Party
Attorney
Firm