Marchante-Zelaya v. McBride et al
Petitioner: Evaristo Antonio Marchante-Zelaya
Respondent: Paul McBride, Warden Montgomery Processing Center, Kristi Noem and Pamela Bondi
Case Number: 4:2026cv00716
Filed: January 30, 2026
Court: U.S. District Court for the Southern District of Texas
Presiding Judge: Charles Eskridge
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 1651 Petition for Writ of Habeas Corpus
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 13, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 13, 2026 Opinion or Order Filing 9 ORDER re: The challenged detention having now concluded, no live claims remain in this action. This action is DISMISSED. This is a FINAL JUDGMENT. Case terminated on 02/13/2026. (Signed by Judge Charles Eskridge) Parties notified. (jmg4)
February 7, 2026 Filing 8 ADVISORY by Kristi Noem, filed. (Rodriguez, Jimmy)
February 7, 2026 Filing 7 NOTICE of Appearance by Jimmy Anthony Rodriguez on behalf of Pamela Bondi, Kristi Noem, filed. (Rodriguez, Jimmy)
February 2, 2026 Opinion or Order Filing 6 ORDER denying #4 Motion to Dismiss. The motion is DENIED. Dkt 4. For the avoidance of doubt, as indicated in prior order, Respondents remain ORDERED to show cause with a filing that establishes the propriety of Petitioners continued detention. Dkt 5. Such filing must be made by February 9, 2026, absent extension. Petitioner may file any reply by February 12, 2026..(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
February 2, 2026 Opinion or Order Filing 5 ORDER TO SHOW CAUSE. Response due by 2/9/2026 (Signed by Judge Charles Eskridge) Parties notified. (jmg4)
February 2, 2026 Filing 4 MOTION to Dismiss by Evaristo Antonio Marchante-Zelaya, filed. Motion Docket Date 2/23/2026. (Attachments: #1 Proposed Order) (Galaviz, Abraham)
January 30, 2026 Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bsg4)
January 30, 2026 Filing 2 Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, )
January 30, 2026 Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-34977327) filed by Evaristo Antonio MARCHANTE-ZELAYA. (Attachments: #1 Civil Cover Sheet) (Galaviz, Abraham)
January 30, 2026 Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bsg4)

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Search for this case: Marchante-Zelaya v. McBride et al
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Petitioner: Evaristo Antonio Marchante-Zelaya
Represented By: Abraham J. Galaviz
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Respondent: Paul McBride
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Respondent: Warden Montgomery Processing Center
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Respondent: Kristi Noem
Represented By: Jimmy Anthony Rodriguez
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Respondent: Pamela Bondi
Represented By: Jimmy Anthony Rodriguez
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