Western District of Texas • 1:26-cv-02848

Carbajal Reza v. Warden

Active

Case Information

Filed: September 11, 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 08, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 11, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-22642494), filed by Hermelindo Carbajal Reza. (Attachments: # 1 Civil Cover Sheet)(Franco Salazar, Veronica) (Entered: 09/11/2026)
Main Document: Petition
Sep 11, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rqr)
Sep 11, 2026
Case assigned to Judge Orlando L. Garcia. 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. (rqr)
#2
Sep 15, 2026
STANDING ORDER for procedure in cases before Judge Garcia. All parties and counsel are directed to review Judge Garcia's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6). Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Orlando L. Garcia. (r013) (Entered: 09/15/2026)
Main Document: STANDING
#3
Oct 05, 2026
TRANSFER ORDER. This action is hereby TRANSFERRED to the Austin Division of the Western District of Texas, where the Clerk of the Court shall reassign this case to a district judge within that division.. Signed by Judge Orlando L. Garcia. (rqr) (Entered: 10/06/2026)
Main Document: TRANSFER
Oct 06, 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. (amg)
Oct 06, 2026
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (amg)
Oct 06, 2026
Case transferred in from San Antonio Division on 10/06/2026 Case Number 5:26-cv-5863., filed by Hermelindo Carbajal Reza.(amg)
#4
Oct 07, 2026
Transfer Letter to all Counsel. (amg) (Entered: 10/07/2026)
Main Document: Case Opening Letter
Oct 07, 2026
Case Assigned/Reassigned
Oct 07, 2026
To be Referred to AU Mag Judge
Oct 07, 2026
Case Transferred In - Divisional Transfer
#5
Oct 08, 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. (CKlc) (Entered: 10/08/2026)
Oct 08, 2026
Order

Parties

Carbajal Reza
Party
Warden
Party