Hernandez Alvarez v. Mullin et al
Petitioner: Juan Carlos Hernandez Alvarez
Respondent: Markwayne Mullin, Todd Lyons, Gabriel Martinez, U.S. Department of Homeland Security and Joe Smith
Case Number: 4:2026cv04274
Filed: May 29, 2026
Court: U.S. District Court for the Southern District of Texas
Presiding Judge: Nicholas J Ganjei
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 8 U.S.C. ยง 1105 (a) Aliens: Habeas Corpus to Release INS Det
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 23, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2026 Opinion or Order Filing 10 FINAL JUDGMENT. For the reasons set forth in the Courts Order Denying Petition for Writ of Habeas Corpus, Doc. #9 , entered this same date, Petitioners claim under Zadvydas v. Davis, 533 U.S. 678 (2001), is DISMISSED WITHOUT PREJUDICE to being re-asserted if Petitioner is held in post-removal-period detention beyond the constitutionally permissible period, and this action is, in all other respects, DISMISSED WITH PREJUDICE.This is a FINAL JUDGMENT. Case terminated on 07/23/2026 (Signed by Judge Nicholas J Ganjei) Parties notified. (acw4)
July 23, 2026 Opinion or Order Filing 9 ORDER denying re: #1 Petition for Writ of Habeas Corpus. (Signed by Judge Nicholas J Ganjei) Parties notified. (acw4)
June 29, 2026 Filing 8 REPLY to #7 MOTION for Summary Judgment , filed by Juan Carlos Hernandez Alvarez. (Gonzalez, Raed)
June 25, 2026 Filing 7 MOTION for Summary Judgment by Todd Lyons, Gabriel Martinez, Markwayne Mullin, U.S. Department of Homeland Security, filed. Motion Docket Date 7/16/2026. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Wiley, Ariel)
June 12, 2026 Opinion or Order Filing 6 ORDER ON RESPONSIVE BRIEFING. Re: #1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) The proper Respondent shall file an answer or other appropriate responsive pleading addressing the propriety of Petitioners continued detention within fourteen (14) days of the date of service. Respondent shall forward a copy to Petitioner. Whether Respondent elects to submit an answer or a dispositive motion, Petitioner shall file any response within seven (7) days of the date reflected on the certificate of service. Under the Courts local rules, a failure to respond will be considered a representation that Petitioner does not oppose the motion. (Signed by Judge Nicholas J Ganjei) Parties notified. (acw4)
June 1, 2026 Filing 5 Statement of Case Review by USA . The above-captioned matter was not charged, litigated, considered, or investigated by the USAO for the Southern District of Texas at any time from January 2025 through March 2026, filed. (Wiley, Ariel)
May 29, 2026 Filing 4 CLERK'S NOTICE Requiring Statement of Case Review re: #1 PETITION for Writ of Habeas Corpus. Parties notified, filed. (acw4)
May 29, 2026 Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bsg4)
May 29, 2026 Filing 2 Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, )
May 29, 2026 Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-35966824) filed by Juan Carlos Hernandez Alvarez. (Attachments: #1 Exhibit Exhibit 1 - ICE Locator, #2 Exhibit Exhibit 2 - EOIR Automated Case Information, #3 Exhibit Exhibit 3 - Petitioner's Children's Birth Certificates and Paternity Test) (Gonzalez, Raed)
May 29, 2026 Referral Judge Selected: Magistrate Judge Yvonne Y. Ho 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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Petitioner: Juan Carlos Hernandez Alvarez
Represented By: Raed Gonzalez
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Respondent: Markwayne Mullin
Represented By: Ariel Nicole Wiley
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Respondent: Todd Lyons
Represented By: Ariel Nicole Wiley
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Respondent: Gabriel Martinez
Represented By: Ariel Nicole Wiley
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Respondent: U.S. Department of Homeland Security
Represented By: Ariel Nicole Wiley
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Respondent: Joe Smith
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