Reported / Citable
Background
Leonardo Martinez Segura filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging the constitutionality of detention in federal immigration custody. The petition named the warden of the Rio Grande Processing Center, U.S. Immigration and Customs Enforcement, and the Department of Homeland Security as respondents.
After reviewing the petition, the court issued a preliminary case-management order. The order did not decide whether Segura’s detention was constitutional or grant habeas relief.
The Court’s Holding
The court ordered the respondents to file and directly serve a response to the petition by July 29, 2026. It instructed them to attach relevant evidence from Segura’s immigration A-file supporting their factual assertions. Segura may file a reply by August 12, 2026.
The court also ordered the respondents to give Segura and the court at least seven days’ notice of any anticipated or planned transfer or removal outside the Southern District of Texas. Both sides must notify the court if Segura is released while the petition remains pending. The clerk was directed to serve the petition and order on the U.S. Attorney’s Office and mail the order to Segura.
Key Takeaways
- The order requires a government response but does not resolve the merits of the habeas petition.
- The government must serve Segura directly because electronic filing alone is insufficient service on a pro se petitioner.
- The respondents must provide seven days’ advance notice of a planned transfer or removal outside the district and report any release from custody.
Why It Matters
The order preserves the court’s ability to consider the challenge while requiring the government to provide the factual record supporting Segura’s immigration detention. Its advance-notice provision also guards against an unannounced transfer or removal outside the district while the habeas case is pending.