Alcala-Garcia v. Noem et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SAMUEL ANTONIO ALCALA-GARCIA, §
§
Petitioner, 	§
§
V. 	§ 	No. 3:25-cv-3536-S-BN
§
KRISTI NOEM, in her official capacity 	§
as Secretary of the Department of 	§
Homeland Security, ET AL., 	§
§
Respondents. 	§
ORDER WITHDRAWING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION AND REQUIRING SUPPLEMENTAL BRIEFING
On January 26, 2026, the undersigned United States magistrate judge entered
findings of fact and conclusions of law recommending that the Court grant in part
Petitioner Samuel Antonio Alcala-Garcia’s application for a writ of habeas corpus
under 28 U.S.C. § 2241 and require Respondents to provide him with a bond hearing
before an immigration judge by a date certain and then require Respondents to
provide notice to the Court [Dkt. No. 9] (the “FCR”).
Considering a recent published panel opinion of the United States Court of
Appeals for the Fifth Circuit that could impact the relief recommended in the FCR,
see Buenrostro-Mendez v. Bondi, ___ F.4th ____, No. 25-20496 (consol. w/ 25-40701),
2026 	WL 	323330 	(5th 	Cir. 	Feb. 	6, 	2026); 	5TH CIR. R. 	47.5, 	the 	undersigned
WITHDRAWS the FCR and ORDERS the parties to file supplemental briefing.
Petitioner’s supplemental brief addressing the impact of the Fifth Circuit’s
recent decision must be filed by March 3, 2026. And the government may file a
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response by March 17, 2026. But no reply brief is authorized.
SO ORDERED.
DATED: February 10, 2026
_________________________________________
DAVID L. HORAN
UNITED STATES MAGISTRATE JUDGE
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