Western District of Texas • 5:26-cv-05762
Soler Villadiego v. Warden, South Texas Family Residential Center
Active
Case Information
Filed: September 08, 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:
September 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 08, 2026
Petition for Writ of Habeas Corpus (Filing fee $5.00 receipt number 12834), filed by Mary Luisana Soler Villadiego. (Attachments: # 1 Receipt, # 2 Letter, # 3 Envelope)(dtg) (Entered: 09/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER by Mary Luisana Soler Villadiego. (dtg) (Entered: 09/11/2026)
Main Document:
Miscellaneous Relief
Sep 08, 2026
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (dtg)
Sep 08, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (dtg)
#3
Sep 11, 2026
Case Opening Letter mailed to Mary Luisana Soler Villadiego. (dtg) (Main Document 3 replaced on 9/14/2026) (dtg). (Entered: 09/11/2026)
Main Document:
Case Opening Letter
Sep 11, 2026
Remark (No Doc#)
Sep 11, 2026
To be Referred to SA Mag Judge
Sep 15, 2026
Order on Motion for Miscellaneous Relief
Sep 15, 2026
Text Order GRANTING 2 Motion for Temporary Restraining Order entered by Judge Xavier Rodriguez. IT IS ORDERED that any possible or anticipated removal or transfer is IMMEDIATELY STAYED until further order from this Court. Respondents shall not transfer the Petitioners outside of this judicial district during the pendency of this litigation and until further Order of this Court allowing removal or transfer. Nor shall Respondents transfer either Petitioner without simultaneously transferring both Petitioners to the same detention facility.It is FURTHER 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, 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
#4
Sep 22, 2026
ADVISORY TO THE COURT by U.S. Immigration and Customs Enforcement Respondents' Advisory. (Falcon, Barbara) (Entered: 09/22/2026)
Main Document:
Advisory to the Court
Parties
Soler Villadiego
Party
Warden, South Texas Family Residential Center
Party