Hernandez Alejandre v. Tate et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARIA DEL ROSARIO HERNANDEZ
ALEJANDRE,
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Petitioner,
vs.
RANDY TATE, et al.,
Respondents.
§ 	CIVIL ACTION NO. 4:26-CV-02305
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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
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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.
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SIGNED on this 	t 3 	day of April 2026.
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ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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Case 4:26-cv-02305 Document 8 Filed 04/13/26 in TXSD Page 2 of 2