4:26-cv-02305•Hernandez Alejandre v. Tate et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MARIA DEL ROSARIO HERNANDEZ ALEJANDRE, § § § § § Petitioner, vs. RANDY TATE, et al., Respondents. § CIVIL ACTION NO. 4:26-CV-02305 § § § § ORDER FOR AN EXPEDITED RESPONSE Petitioner has filed an "Emergency Motion for Temporary Restraining Order and Stay of Removal" (Doc. No. 6). To give due consideration to the petitioner' s motion, and whether it has jurisdiction to consider the motion, the Court ORDERS the Respondents to file a response to Petitioner' s emergency motion by Wednesday April 15, 2026. A federal court "always has jurisdiction to determine its own jurisdiction," including its own subject-matter jurisdiction. Brownback v. King, 592 U.S. 209, 218-19 (2021) (quoting United States v. Ruiz, 536 U. S. 622, 628 (2002)). The Court may order Respondents to preserve the status quo while it considers its jurisdiction and its authority to grant relief. See United States v. United Mine Workers ofAm., 330 U.S. 258, 293 (1947) (ruling that "the District Court ha[s] the power to preserve existing conditions while it [is] determining its own authority to grant injunctive relief," unless the assertion of jurisdiction 1/2 United States District Court Southern District of Texas ENTERED April 13, 2026 Nathan Ochsner, Clerk Case 4:26-cv-02305 Document 8 Filed 04/13/26 in TXSD Page 1 of 2
is frivolous). To preserve the status quo while the motion is being considered, it is ORDERED that the Respondents refrain from removing the Petitioner until this motion is resolved. See United Mine Workers of Am., 330 U.S. at 293. The Clerk will enter this Order, providing a correct copy to all parties of record, including sending notice to the United States Attorney' s Office for the Southern District of Texas by electronic mail to USATXS .CivilNotice@usdoj . go v. -r-- SIGNED on this t 3 day of April 2026. ,~\~ ANDREW S. HANEN UNITED STATES DISTRICT JUDGE 2 / 2 Case 4:26-cv-02305 Document 8 Filed 04/13/26 in TXSD Page 2 of 2
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