Western District of Texas • 5:26-cv-05902

#1

Sep 14, 2026

Petition for Writ of Habeas Corpus, filed by Miguel Alejandro Rodriguez Velazquez. (Attachments: # 1 Envelope)(dtg) (Entered: 09/16/2026)

#2

Sep 14, 2026

SUPPLEMENTAL STATEMENT IN SUPPORT of 1 Petition for Writ of Habeas Corpus by Miguel Alejandro Rodriguez Velazquez. (dtg) (Entered: 09/16/2026)

#3

Sep 14, 2026

MOTION to Proceed in forma pauperis by Miguel Alejandro Rodriguez Velazquez. (dtg) (Entered: 09/16/2026)

#4

Sep 14, 2026

EMERGENCY MOTION TO EXPEDITE CONSIDERATION by Miguel Alejandro Rodriguez Velazquez. (dtg) (Entered: 09/16/2026)

#5

Sep 14, 2026

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER by Miguel Alejandro Rodriguez Velazquez. (dtg) (Entered: 09/16/2026)

#6

Sep 14, 2026

EMERGENCY MOTION FOR IMMEDIATE RELEASE by Miguel Alejandro Rodriguez Velazquez. (dtg) (Entered: 09/16/2026)

Sep 14, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (dtg)

Sep 14, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (dtg)

#7

Sep 16, 2026

Case Opening Letter mailed to Miguel Alejandro Rodriguez Velazquez. (dtg) (Entered: 09/16/2026)

#8

Sep 16, 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. 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, because this case appears to turn 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 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. (Entered: 09/16/2026)

Sep 16, 2026

To be Referred to SA Mag Judge

Sep 16, 2026

Order on Motion for Miscellaneous Relief

Sep 16, 2026

Order

Sep 16, 2026

Remark (No Doc#)

Sep 16, 2026

Text Order DENYING 5 Motion for TRO entered by Judge Xavier Rodriguez. The Court need not 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). Moreover, the Court generally lacks jurisdiction to stay removal. "A request for a stay of removal is a challenge to a removal order." See Imran v. Harper, No. 25-30370, 2026 WL 93131, at *1 (5th Cir. Jan. 13, 2026). District courts generally "lack[] jurisdiction to grant such relief." Id. Federal courts lack jurisdiction over "claims connected directly and immediately with a 'decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders.'" Humphries v. Various Fed. USINS Emps., 164 F.3d 936, 943 (5th Cir. 1999) (quoting 8 U.S.C. § 1252(g)). (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Sep 16, 2026

Text Order DENYING 6 Motion for Immediate Release entered by Judge Xavier Rodriguez. Petitioners seek an order granting essentially the same ultimate relief that is sought on the merits. Accordingly, the motion amounts to a motion to expedite. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Sep 16, 2026

Text Order DENYING 4 Motion to Expedite Consideration entered by Judge Xavier Rodriguez. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Sep 16, 2026

Text Order GRANTING 3 Motion for Leave to Proceed in forma pauperis entered by Judge Xavier Rodriguez. The Court may waive the initial filing fee and costs where a plaintiff submits an affidavit indicating that he or she is unable to pay these fees and costs. 28 U.S.C. § 1915(a)(1). The motion indicates that Plaintiff is currently detained, has no income, no assets, and no ability to pay the filing fee. The Court exercises its discretion to waive the fee. See Williams v. Estelle, 681 F.2d 946, 947 (5th Cir. 1982) (noting the Court's discretion in IFP determinations). (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Sep 16, 2026

Order on Motion for Leave to Proceed In Forma Pauperis