Case: Padron Covarrubias v. Vergara

5:25-cv-00112 | U.S. District Court for the Southern District of Texas

Filed Date: July 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 8, 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. 

Related Cases

Buenrostro Mendez v. Bondi, Southern District of Texas (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70731053/parties/padron-covarrubias-v-vergara/


Judge(s)

Kazen, John A. (Texas)

Attorney for Defendant

Ramirez, Hector Carlos (Texas)

Expert/Monitor/Master/Other

Ahmed, Nora (Texas)

O'Connor, Stephen Joseph (Texas)

Perry, Charles Andrew (Texas)

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Documents in the Clearinghouse

Document
32

5:25-cv-00112

Judgment - Final

Oct. 23, 2025

Oct. 23, 2025

25-40701

Opinion Reversing Habeas Grant

None

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70731053/padron-covarrubias-v-vergara/

Last updated Feb. 8, 2026, 12:05 a.m.

ECF Number Description Date Link Date / Link
1

Supplemental SUPPLEMENT by Jose Padron Covarrubias, filed. (O'Connor, Stephen) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

2

Supplemental SUPPLEMENT by Jose Padron Covarrubias, filed. (O'Connor, Stephen) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

3

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-33717162) filed by Jose Padron Covarrubias. (O'Connor, Stephen) Modified on 10/8/2025 (jgr5). (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

4

NOTICE Notice of Correct Defendant Addresses for Service Purposes re: 3 Petition for Writ of Habeas Corpus by Jose Padron Covarrubias, filed. (O'Connor, Stephen) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

5

ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge John A Kazen) Parties notified. (tat5) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

6

ORDER. Having reviewed the petition, the Court hereby ORDERS Respondents to submit a response and serve it on Petitioner no later than August 11, 2025.The Clerk of Court is DIRECTED to serve copies of the Petition, (Dkt. No. 3), Supplements to the Petition (Dkt. Nos. 12), and this Order on Respondents via certified mail. (Signed by Magistrate Judge Christopher dos Santos) Parties notified. (rlt5) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

RECAP

Referral Judge Selected

July 10, 2025

July 10, 2025

Referral Judge Selected: Magistrate Judge Christopher dos Santos randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (tat5)

July 10, 2025

July 10, 2025

8

Mail Returned Undeliverable as to Juan S. Diaz re: 6 Order, filed. (Attachments: # 1 Exhibit) (bm5) Modified on 7/22/2025 (bm5). (Entered: 07/22/2025)

July 21, 2025

July 21, 2025

10

Mail Returned Undeliverable as to Miguel Vergara re: 6 Order,, filed. (bm5) (Entered: 07/23/2025)

July 22, 2025

July 22, 2025

11

***Delivery Confirmation for delivery date(s) 07/14/2025 re: 7 Document(s) Sent,, filed. (rlt5) (rlt5). (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

13

Mail Returned Undeliverable as to Juan S. Diaz re: 6 Order,, filed. (rlt5) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

14

Opposed MOTION for Extension of Time Respond to Petition for Writ of Habeas CorpusMotions referred to Christopher dos Santos. by Susan Aikman, Pamela Bondi, Juan S. Diaz, Kristi Noem, Miguel Vergara, filed. Motion Docket Date 9/2/2025. (Attachments: # 1 Proposed Order) (Ramirez, Hector) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

15

***Delivery Confirmation for delivery date(s) 07/21/2025 re: 7 Document(s) Sent,, filed. (rlt5) (rlt5). (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

16

ORDER Responses due by 8/20/2025. (Signed by Magistrate Judge Christopher dos Santos) Parties notified. (egg5) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

17

***Delivery Confirmation for delivery date(s) 08/07/2025 re: 7 Document(s) Sent,, filed. (rlt5) (rlt5). (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

Delivery Confirmation

Aug. 13, 2025

Aug. 13, 2025

18

ORDER The Court advises Petitioner that failure to respond will be construed as a statement of non-opposition. S.D. Tex. L.R. 7.4. Accordingly, the Court again ORDERS Petitioner to file a response to Respondents motion no later than August 25, 2025, at 12:00 p.m. Failing to comply in the future may result in Petitioner being ordered to show cause as to why he should not be sanctioned. Responses due by 8/25/2025. (Signed by Magistrate Judge Christopher dos Santos) Parties notified. (mep5) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

19

RESPONSE in Opposition to 14 Opposed MOTION for Extension of Time Respond to Petition for Writ of Habeas Corpus, filed by Jose Padron Covarrubias. (O'Connor, Stephen) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

20

MOTION to Dismiss 3 Petition for Writ of Habeas Corpus Motions referred to Christopher dos Santos. by Susan Aikman, Pamela Bondi, Juan S. Diaz, Kristi Noem, Miguel Vergara, filed. Motion Docket Date 9/15/2025. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Ramirez, Hector) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

21

ORDER. The Court GRANTS Respondents Opposed Motion for Extension of Time to Respond to Petitioners Petition for Writ of Habeas Corpus. (Dkt. No. 14). The Court EXTENDS Respondents deadline to respond to Petitioners petition to August 25, 2025.1 Additionally, Respondents are admonished to follow the Courts rules.( (Signed by Magistrate Judge Christopher dos Santos) Parties notified. (akp5) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

RECAP
22

RESPONSE in Opposition to 20 MOTION to Dismiss 3 Petition for Writ of Habeas Corpus, filed by Jose Padron Covarrubias. (Attachments: # 1 Exhibit ICE interim guidance memo, # 2 Exhibit Matter of X- unpubl bia 2024) (O'Connor, Stephen) (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

23

ORDER. To preserve the status quo while the Court considers this matter, the Court ORDERS Respondents to notify Petitioner's counsel and the Court of any anticipated or planned transfer of Padron outside of the Southern District of Texas, Laredo Division, or any planned removal of him from the United States, at least five (5) days before any such transfer or removal. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

24

Opposed MOTION for Temporary Restraining OrderMotions referred to Christopher dos Santos. by Jose Padron Covarrubias, filed. Motion Docket Date 10/17/2025. (Attachments: # 1 Exhibit 1 TRO- 42B, Cancellation Application, # 2 Exhibit 2 TRO- EOIR Bond, including evidence, # 3 Exhibit 3 TRO- EOIR Notice of Individual Hearin) (O'Connor, Stephen) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

25

ORDER. The Court ORDERS Respondents to respond to Petitioner's Emergency 24 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction by 10/6/2025. The Court SETS a hearing on Petitioner's 8 Motion for 10/8/2025 at 01:30 PM by video before Judge John A Kazen. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

26

Opposed PROPOSED ORDER re: 24 Opposed MOTION for Temporary Restraining Order, filed. (O'Connor, Stephen) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

27

ORDER denying Defendants' 20 Motion to Dismiss Petitioner's Petition for Writ of Habeas Corpus. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

RECAP
28

RESPONSE in Opposition to 24 Opposed MOTION for Temporary Restraining Order, filed by Susan Aikman, Pamela Bondi, Juan S. Diaz, Kristi Noem, Miguel Vergara. (Ramirez, Hector) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

29

ADVISORY. After reviewing the briefing, the Court finds that there has been a sufficient opportunity for the parties to brief the ultimate issue in the petition. The Court advises the parties that it may consolidate the hearing with the merits of the habeas petition 3, filed. (Signed by District Judge John A. Kazen) (jgr5) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

Remark (*PUBLIC ENTRY)

Oct. 7, 2025

Oct. 7, 2025

*** Zoom login information for hearing set for 10/8/2025: Join ZoomGov Meetinghttps://www.zoomgov.com/j/1615794844?pwd=pbiwh57dt3EeMVBAsUSJ2tT0CmrRlR.1; Meeting ID: 161 579 4844; Passcode: 889082, filed. (jgr5)

Oct. 7, 2025

Oct. 7, 2025

30

ORDER granting in part Padron's Emergency 3 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §2241 and Complaint for Declaratory and Injunctive Relief. Padron's Opposed 24 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED as moot. No later than 10/21/2025, at 5:00 p.m., the parties shall provide the Court with a status update concerning the results of any bond hearing conducted pursuant to this Order, or if no bond hearing was held, advise the Court regarding Padron's release. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

Clearinghouse

Motion Hearing

Oct. 8, 2025

Oct. 8, 2025

Minute Entry for proceedings held before District Judge John A. Kazen. MOTION HEARING held on 10/8/2025 on Petitioners Motion for TRO and PI (Dkt. 24). The Court heard argument and takes the motion under advisement. Written order to follow. Appearances by video: Stephen OConnor f/PETITIONER. Hector Ramirez f/RESPONDENTS. (Time in court: 1:34 - 1:54 p.m.) (ERO: Sylvia Gonzalez), filed. (jgr5)

Oct. 8, 2025

Oct. 8, 2025

31

ADVISORY by Susan Aikman, Pamela Bondi, Juan S. Diaz, Kristi Noem, Miguel Vergara, filed. (Ramirez, Hector) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

32

FINAL JUDGMENT. For the reasons and in the manner set forth in the Court's prior 30 Memorandum & Order, Petitioner's 3 Petition for Writ of Habeas Corpus has been GRANTED in part and DENIED in part. The Clerk of the Court is DIRECTED to TERMINATE this case. Case terminated on 10/23/2025. (Signed by Judge John A Kazen) Parties notified. (jgr5) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

Clearinghouse
33

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 32 Final Judgment, 30 Order on Motion for Miscellaneous Relief,,, Order on Motion for Temporary Restraining Order,, by Susan Aikman, Pamela Bondi, Juan S. Diaz, Kristi Noem, Miguel Vergara, filed. (Ramirez, Hector) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

34

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 33 Notice of Appeal,. Fee status: GOV, filed. (egg5) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

35

DKT13 TRANSCRIPT ORDER REQUEST by Hector C. Ramirez. Transcript is unnecessary for appeal purposes This order form relates to the following: 33 Notice of Appeal,, filed. (Ramirez, Hector) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

USCA Case Number

Nov. 10, 2025

Nov. 10, 2025

Notice of Assignment of USCA No. 25-40701 re: 33 Notice of Appeal,, filed. (djm5)

Nov. 10, 2025

Nov. 10, 2025

Transmittal of Appeal (FORM, noticing) - Civil

Nov. 24, 2025

Nov. 24, 2025

Electronic Record on Appeal Certified

Nov. 24, 2025

Nov. 24, 2025

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 33 Notice of Appeal, USCA No. 25-40701, filed. (rlt5)

Nov. 24, 2025

Nov. 24, 2025

Electronic Access to Record on Appeal Provided re: 33 Notice of Appeal,. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 25-40701), filed. (rlt5)

Nov. 24, 2025

Nov. 24, 2025

36

Order of USCA - ORDER re: 33 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

37

Order of USCA re: 33 Notice of Appeal, ; USCA No. 25-40701. 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) (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: July 8, 2025

Closing Date: Oct. 23, 2025

Case Ongoing: Yes

Case Details

Other Dockets:

Southern District of Texas 5:25-cv-00112

U.S. Court of Appeals for the Fifth Circuit 25-40701

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket