Western District of Texas • 5:26-cv-06713

#1

Oct 19, 2026

Petition for Writ of Habeas Corpus, filed by Jose Galo Martinez. (Attachments: # 1 Envelope)(mg3) (Entered: 10/21/2026)

#2

Oct 19, 2026

MOTION to Proceed in forma pauperis by Jose Galo Martinez. (mg3) (Entered: 10/21/2026)

#3

Oct 19, 2026

Memorandum in Support of 1 Petition for Writ of Habeas Corpus by Jose Galo Martinez. (mg3) (Entered: 10/21/2026)

Oct 19, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO DISTRICT JUDGE XAVIER RODRIGUEZ. (mg3)

Oct 19, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Stephenson. (mg3)

#4

Oct 21, 2026

Case Opening Letter mailed to Jose Galo Martinez. (mg3) (Entered: 10/21/2026)

#5

Oct 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 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 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: 10/21/2026)

Oct 21, 2026

To be Referred to SA Mag Judge

Oct 21, 2026

Remark (No Doc#)

Oct 21, 2026

Order

Oct 21, 2026

Text order GRANTING 2 Motion 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, 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).

Oct 21, 2026

Order on Motion for Leave to Proceed In Forma Pauperis