Case: Buenrostro Mendez v. Bondi

4:25-cv-03726 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 8, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.] 

Petitioner in this habeas action asserted eligibility for discretionary release on bond during removal proceedings. The district court granted the petition on October 7, 2025, ordering that petitioner receive a bond hearing within 14 days or be released. On February 6, 2026, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded, agreeing with the government's interpretation of the relevant immigration statutes that because petitioner had not shown that he was “clearly and beyond a doubt entitled to be admitted,” he “shall be detained” pending his removal proceeding. 

  

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71066630/parties/buenrostro-mendez-v-bondi/


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Documents in the Clearinghouse

Document
18

4:25-cv-03726

Memorandum and Order

Oct. 7, 2025

Oct. 7, 2025

213-1

25-20496

Published Opinion

Feb. 6, 2026

Feb. 6, 2026

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71066630/buenrostro-mendez-v-bondi/

Last updated Feb. 8, 2026, 12:06 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-33912200) filed by Victor Buentrostro Mendez. (Attachments: # 1 Civil Cover Sheet civ sheet, # 2 Exhibit IJ bond order) (O'Connor, Stephen) (Entered: 08/08/2025)

Aug. 8, 2025

Aug. 8, 2025

RECAP
2

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bsg4) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

3

ORDER FOR EXPEDITED ANSWER (Signed by Judge Lee H Rosenthal) Parties notified. (bli4) (Entered: 08/12/2025)

Aug. 11, 2025

Aug. 11, 2025

Referral Judge Selected

Aug. 11, 2025

Aug. 11, 2025

Referral Judge Selected: Magistrate Judge Christina A. Bryan 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)

Aug. 11, 2025

Aug. 11, 2025

4

Certified Mail Receipt Returned as to Nicholas Ganjei, executed on 8/15/25 re: [doc] Document(s) Sent, - receipt attached, access restricted to court users for privacy reasons -, filed. (cak4) (Entered: 08/21/2025)

Aug. 18, 2025

Aug. 18, 2025

Delivery Confirmation

Aug. 19, 2025

Aug. 19, 2025

***Delivery Confirmation for delivery date as to Warden Martin Frink, Moving Through Network In Transit to Next Facility August 18, 2025, as to Nicholas Ganjei, Delivered, Front Desk/Reception/Mail Room HOUSTON, TX 77002 August 15, 2025, 2:55 pm, as to US Attorney General, Preparing for Delivery Arrived at Post Office WASHINGTON, DC 20018 August 19, 2025, 9:50 am re: Document(s) Sent,, filed. (jld4)

Aug. 19, 2025

Aug. 19, 2025

5

Certified Mail Receipt Returned as to U.S. Attorney General, executed on 8/19/25 re: [doc] Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (cak4) (Entered: 08/27/2025)

Aug. 25, 2025

Aug. 25, 2025

6

Unopposed MOTION for Extension of Time Government's Response by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd M Lyons, Kristi Noem, filed. Motion Docket Date 9/25/2025. (Attachments: # 1 Proposed Order) (Perry, Catina) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

7

ORDER on Extension granting 6 . Respondents' answer due by 9/8/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

RECAP
8

ANSWER to Complaint by Martin Frink, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Blair, Danya) (Entered: 09/08/2025)

Sept. 8, 2025

Sept. 8, 2025

9

Opposed MOTION for Extension of Time Government's Response by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd M Lyons, Kristi Noem, filed. Motion Docket Date 9/29/2025. (Attachments: # 1 Proposed Order for extension) (Perry, Catina) (Entered: 09/08/2025)

Sept. 8, 2025

Sept. 8, 2025

10

Unopposed MOTION for Extension of Time Federal Respondents' Response by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd M Lyons, Kristi Noem, filed. Motion Docket Date 10/1/2025. (Attachments: # 1 Proposed Order) (Perry, Catina) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

11

ORDER on Extension granting 10 . The answer from the respondents is due by 9/12/2025. The previously filed opposed motion for extension of time is denied as moot 9 . (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 09/11/2025)

Sept. 11, 2025

Sept. 11, 2025

RECAP
12

MOTION to Dismiss 1 Petition for Writ of Habeas Corpus, MOTION for Summary Judgment ( Motion Docket Date 10/3/2025.) by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd M Lyons, Kristi Noem, filed. (Attachments: # 1 Exhibit 1) (Perry, Catina) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

13

NOTICE Defendant Martin Frinks Joinder in Government Defendants Response re: 12 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus MOTION for Summary Judgment by Martin Frink, filed. (Blair, Danya) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

14

BRIEF Petitioner's Response to Respondent's Motion to Dismiss by Victor Buenrostro Mendez, filed. (Attachments: # 1 Exhibit Petitioner's Exhibit 1- Notice to Appear) (O'Connor, Stephen) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

15

REPLY in Support of 12 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus MOTION for Summary Judgment, filed by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd M Lyons, Kristi Noem. (Perry, Catina) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

16

NOTICE Defendant Martin Frink's Joinder in Government Defendants Reply in Support of Governments Response seeking Dismissal and Alternatively, MJS re: 15 Reply in Support of Motion by Martin Frink, filed. (Blair, Danya) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

17

Ex Parte MOTION for Temporary Restraining Order by Victor Buenrostro Mendez, filed. Motion Docket Date 10/22/2025. (Attachments: # 1 Exhibit TRO Exh. 1, Matter of Yajure Hurtado, # 2 Exhibit TRO Exh. 2, IJ Bond Memorandum, # 3 Exhibit TRO Exh. 3, BIA Bond Appeal Submission, # 4 Exhibit TRO Exh. 4, Irreparable Harm,, # 5 Exhibit TRO Exh. 5, EOIR Automated Case Information, # 6 Proposed Order Proposed Order) (O'Connor, Stephen) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

18

MEMORANDUM AND ORDER. For the reasons stated, the court grants Buenrostro's petition for writ of habeas corpus. The court denies the request for a temporary restraining order as moot 17 . The respondents must provide Buenrostro with a bond hearing by 10/21/2025, or release him. The parties are to update the court on the status of Buenrostro's bond hearing no later than 10/24/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

Clearinghouse
19

STATUS REPORT by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd Lyons, Kristi Noem, filed. (Perry, Catina) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

20

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 18 Memorandum and Order, by Mathew Baker, Pamela Jo Bondi, John Linscott, Todd Lyons, Kristi Noem, filed. (Perry, Catina) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

21

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 20 Notice of Appeal. Fee status: GOV. Reporter(s): n/a, filed. (Attachments: # 1 Notice of Appeal) (bav1) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

Appeal Review Notes

Oct. 27, 2025

Oct. 27, 2025

Appeal Review Notes re: 20 Notice of Appeal. Fee status: GOV. The appellant is a U.S. government agency, and no fee is required.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed. (bav1)

Oct. 27, 2025

Oct. 27, 2025

22

DKT13 TRANSCRIPT ORDER REQUEST by Catina Haynes Perry. No hearings This order form relates to the following: 20 Notice of Appeal, filed. (Perry, Catina) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

23

Order of USCA re: 20 Notice of Appeal; USCA No. 25-20496. IT IS ORDERED that Appellants' opposed motion to consolidate Case Nos. 25-20496 and 25-40701 is GRANTED, filed. (mp1) (Entered: 11/20/2025)

Nov. 20, 2025

Nov. 20, 2025

24

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 18 Memorandum and Order, by Mathew Baker, Pamela Jo Bondi, Martin Frink, John Linscott, Todd Lyons, Kristi Noem, filed. (Perry, Catina) (Entered: 12/05/2025)

Dec. 5, 2025

Dec. 5, 2025

25

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 24 Notice of Appeal. Fee status: GOV, filed. (dlr1) (Entered: 12/08/2025)

Dec. 8, 2025

Dec. 8, 2025

Appeal Review Notes

Dec. 8, 2025

Dec. 8, 2025

Appeal Review Notes re: 24 Notice of Appeal. Fee status: GOV. The appellant is a U.S. government agency, and no fee is required.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed. (dlr1)

Dec. 8, 2025

Dec. 8, 2025

26

FINAL JUDGMENT. Following the court's order and Buenrostro Mendez's release, no live claims remain in this case. This is a final judgment. Case terminated on 12/16/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 12/20/2025)

Dec. 16, 2025

Dec. 16, 2025

RECAP

Transmittal of Appeal (FORM, noticing) - Civil

Jan. 14, 2026

Jan. 14, 2026

Electronic Access to Record on Appeal Provided re: 24 Notice of Appeal, 20 Notice of Appeal to Michael Tan, Oscar Sarabia Roman, My Khanh Ngo, Brian Vincent Schaeffer. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 25-20496), filed. (jrl1)

Jan. 14, 2026

Jan. 14, 2026

27

Order of USCA - ORDER re: 24 Notice of Appeal ; USCA No. 25-20496. appellant's motion to expedite the appeal is GRANTED, filed. (dlr1) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

28

Order of USCA re: 20 Notice of Appeal, 24 Notice of Appeal ; USCA No. 25-20496. the appeal is dismissed as to Appellants Ms. Pamela Bondi, U.S. Attorney General in 25-40701, and Mr. Orlando Perez in 25-40701, as of January 20, 2026, for want of prosecution, filed. (sac1) Modified on 1/20/2026 (sac1). (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Aug. 8, 2025

Closing Date: Dec. 16, 2025

Case Ongoing: Yes

Case Details

Other Dockets:

Southern District of Texas 4:25-cv-03726

U.S. Court of Appeals for the Fifth Circuit 25-20496

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket