Western District of Texas • 5:26-cv-05924

#1

Sep 14, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 12926), filed by Marcel Kevin Kendy. (Attachments: # 1 Receipt)(rqr) (Entered: 09/16/2026)

Sep 14, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (rqr)

Sep 14, 2026

This case has been randomly assigned to Judge Xavier Rodriguez. (rqr)

#2

Sep 16, 2026

Case Opening Letter mailed to Marcel Kevin Kendy. (rqr) (Entered: 09/16/2026)

#3

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, 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 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

Remark (No Doc#)

Sep 16, 2026

Order