Southern District of Texas • 5:25-cv-00097

De Oliveira v. Immigration Customs Enforcement

Active

Case Information

Filed: June 17, 2025
Assigned to: John A. Kazen
Referred to: Diana Song Quiroga
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: December 18, 2025
Parties: View All Parties →

Docket Entries

#1
Jun 09, 2025
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11055572 Fee status: Filing Fee paid., filed by Aricelma De Oliveira.(Castel, Ari) (Main Document 1 replaced on 6/9/2025) (CEH). (Additional attachment(s) added on 6/9/2025: # 1 Civil Cover Sheet) (CEH). Modified on 6/9/2025 to separate Civil Cover Sheet and Petition (CEH). (Entered: 06/09/2025)
Main Document: PETITION
#2
Jun 09, 2025
ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (CEH) (Entered: 06/09/2025)
#3
Jun 09, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (SEC) (Entered: 06/09/2025)
#4
Jun 09, 2025
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CEH) (Entered: 06/09/2025)
Main Document: General
#5
Jun 09, 2025
Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Additional attachment(s) added on 6/9/2025: # 1 *SEALED* Appendix) (SEC). (Entered: 06/09/2025)
Main Document: Judge
#6
Jun 09, 2025
Civil Cover Sheet & Category Sheet by Aricelma De Oliveira. (Castel, Ari) (Entered: 06/09/2025)
Main Document: Civil
#7
Jun 09, 2025
NOTICE of Appearance by Nicole M. O'Connor on behalf of Department of Homeland Security (O'Connor, Nicole) (Entered: 06/09/2025)
Main Document: NOTICE
#8
Jun 10, 2025
Judge Indira Talwani: ELECTRONIC ORDER: where the 1 Petition for Writ of Habeas Corpus alleges that Petitioner is being held in the Laredo Detentions Center in Laredo, Texas, and "the general rule... for core habeas petitions challenging present physical confinement [is that] jurisdiction lies in only one district: the district of confinement[,]" Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004), the court ordered the parties on June 9, 2025, to "promptly state any reasons that this Petition should not be transferred to the United States District Court for the Southern District of Texas, Laredo Division." See 5 Order at 3. Having received no statement of objection, the court directs the clerk to transfer this case to the Southern District of Texas, Laredo Division. The stay of Petitioner's transfer or removal by the government as set forth in the court's order, see id. at 4, shall remain in effect until further order of the transferee court. (DRK) (Entered: 06/10/2025)
#9
Jun 10, 2025
Case transferred to to District of Southern District of Texas, Laredo Division. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (DRK) (Entered: 06/10/2025)
#10
Jun 17, 2025
Case transferred in from Massachusetts. Case Number 1:25-cv-11655; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 06/17/2025)
Main Document: Case Transferred In - District Transfer
#11
Jun 17, 2025
ORDER REFERRING CASE to Magistrate Judge Brian C. Bajew. (Signed by Judge John A Kazen) Parties notified. (rlt5) (Entered: 06/17/2025)
Main Document: Referring Case to Magistrate Judge (FORM)
Jun 17, 2025
Referral Judge Selected
Jun 17, 2025
Referral Judge Selected: Magistrate Judge Brian C. Bajew randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (rlt5)
#12
Jun 18, 2025
ORDER REFERRING CASE to Magistrate Judge Diana Song Quiroga. (Signed by Judge John A Kazen) Parties notified. (rlt5) (Entered: 06/18/2025)
Main Document: Referring Case to Magistrate Judge (FORM)
Jun 18, 2025
Referral Judge Selected: Magistrate Judge Diana Song Quiroga randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (rlt5)
Jun 18, 2025
Referral Judge Selected
#15
Sep 02, 2025
ORDER, Petitioners Counsel is ORDERED to file an advisory with the Court updating the Court of her clients status by September 22, 2025. Petitioners counsel is also to provide an email address for notification of court orders on PACER. Furthermore, if Petitioners counsel intends to continue representation in this case, Petitioners counsel is ORDERED to file a petition for admission to proceed in the Southern District of Texas pro hac vice. Respondents are hereby ORDERED to file their answer to the Petition by no later than September 30, 2025.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (egg5) (Entered: 09/02/2025)
Main Document: Order
#17
Sep 30, 2025
Unopposed MOTION for Extension of Time To Respond to Petitioner's Petition for Writ of Habeas CorpusMotions referred to Diana Song Quiroga. by Department of Homeland Security, Immigration Customs Enforcement, filed. Motion Docket Date 10/21/2025. (Attachments: # 1 Proposed Order) (Falcon, Barbara) (Entered: 09/30/2025)
Main Document: Extension of Time
#18
Oct 01, 2025
ORDER granting 17 Motion for Extension of Time to respond to Petitioner's Petition for Writ of Habeas Corpus. Accordingly, Respondents are ORDERED to respond to Petitioners Petition for Writ of Habeas Corpus by October 14, 2025.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (scg5) (Entered: 10/01/2025)
Main Document: Order on Motion for Extension of Time
#19
Oct 14, 2025
Mail Returned Undeliverable as to attorney Ari F. Castel as to Aricelma De Oliveira re: 15 Order,,, filed. (rlt5) (Entered: 10/14/2025)
Main Document: Mail Returned Undeliverable
#20
Oct 14, 2025
MOTION to Dismiss 1 Petition for Writ of Habeas Corpus, Motions referred to Diana Song Quiroga. by Department of Homeland Security, Immigration Customs Enforcement, filed. Motion Docket Date 11/4/2025. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Falcon, Barbara) (Entered: 10/14/2025)
Main Document: Dismiss
#21
Oct 15, 2025
ORDER. The Court ORDERS Petitioner, through counsel, to file their response to Respondent's 20 MOTION to Dismiss Petitioner's 1 Petition for Writ of Habeas Corpus no later than 10/27/2025. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 10/15/2025)
Main Document: Order
#22
Oct 16, 2025
ORDER. Petitioners counsel is ORDERED to show cause for the delay in complying with the Courts order, Dkt. No. 15, and, should Petitioner wish to proceed with current counsel, to file a petition for admission pro hac vice no later than October 27, 2025. Respondent is ORDERED to file an advisory notifying the Court of where Petitioner is currently detained by October 27, 2025. Responses due by 10/27/2025. The Clerk of Court is DIRECTED to mail a copy of this Order, the Courts most recent order, Dkt. No. 21, Respondents Motion to Dismiss, Dkt. No. 20, and the Courts original order to file a petition to proceed pro hac vice, Dkt. No. 15, to Petitioners counsel at: Castel & Hall, LLP, 100 TradeCenter Dr., Ste. 715, Woburn, MA 01801, via FedEx.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (scg5) (Entered: 10/16/2025)
Main Document: Order
Oct 20, 2025
***Delivery Confirmation for delivery date(s) 10/20/2025 at 11:03 AM re: 15, 20, 21, 22 ; 23 Document(s) Sent, filed. (scg5)
#24
Oct 21, 2025
NOTICE of attorney substitution by Department of Homeland Security, Immigration Customs Enforcement. Attorney Gabriel Abebe added. Attorney Barbara Giovani Falcon terminated, filed. (Abebe, Gabriel) (Entered: 10/21/2025)
Main Document: Notice of Attorney Substitution
#25
Oct 21, 2025
ADVISORY by Department of Homeland Security, Immigration Customs Enforcement, filed. (Abebe, Gabriel) (Entered: 10/21/2025)
Main Document: Advisory
#26
Oct 30, 2025
ORDER. Accordingly, to show cause as to why Petitioners counsel has been unable to file for pro hac vice admission and to ensure that the record is fully developed, the parties are ORDERED to attend a status conference with the undersigned on November 6, 2025, at 3:30 p.m. CDT, by Zoom. Zoom information will be provided prior to the date of the conference. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (akp5) (Entered: 10/30/2025)
Main Document: Order
Nov 05, 2025
***Set/Reset Hearings: Status Conference set for 11/6/2025 at 03:00 PM by video before Magistrate Judge Diana Song Quiroga (mjb5)
Nov 05, 2025
Set/Reset Hearings & Other Court Settings
Nov 06, 2025
Delivery Confirmation
Nov 07, 2025
Minute entry for proceedings held before Magistrate Judge Diana Song Quiroga. Status Conference held on November 6, 2025. Plaintiff appeared via Zoom through counsel Ari F. Castel and Defendant appeared via Zoom through counsel Gabriel Abebe. Plaintiffs counsel needs to file an application for pro hac vice admission in the Southern District of Texas. Plaintiffs counsel advised that his client did not have the resources to hire local counsel to sponsor his pro hac vice application. The Court clarified that local sponsorship is not required by the presiding District Judge for pro hac vice admission and advised counsel of the application process. Plaintiffs counsel is to file for pro hac vice admission within the next day. Defense counsel is to advise whether Plaintiff is still in Laredo, Texas to confirm this Courts jurisdiction. Plaintiff will then file her motion to dismiss into the case to ensure that it is ripe for review. The parties concurred with the next steps and will alert the Court if they run into any issues.Appearances: Ari Castel f/PLAINTIFF; Gabriel Abebe f/DEFENDANT. (3:22 p.m. 3:40 p.m.) (ERO: Jacquelin Bautista), filed. (mjb5)
Nov 07, 2025
Status Conference
#27
Nov 14, 2025
Advisory
Main Document: Advisory
#28
Nov 17, 2025
Appear Pro Hac Vice
Main Document: Appear Pro Hac Vice
#29
Nov 17, 2025
Order on Motion to Appear Pro Hac Vice
Main Document: Order on Motion to Appear Pro Hac Vice
#30
Nov 18, 2025
Response to Motion
Main Document: Response to Motion
#31
Dec 01, 2025
Order on Motion to Dismiss
Main Document: Order on Motion to Dismiss
Dec 11, 2025
Delivery Confirmation
#34
Dec 12, 2025
Mail Returned Undeliverable
Main Document: Mail Returned Undeliverable
Dec 15, 2025
Delivery Confirmation
Dec 18, 2025
Delivery Confirmation