Maria Del Rosario Hernandez-Alejandre v. Randy Tate, et al.

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT April 13, 2026 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION MARIA DEL ROSARIO HERNANDEZ — § ALEJANDRE, § Petitioner, VS. CIVIL ACTION NO. 4:26-CV-02305 RANDY TATE, et al., : Respondents. : 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 of Am., 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 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 [email protected]. tt SIGNED on this__/3 _ day of April 2026. jac ANDREW S. HANEN UNITED STATES DISTRICT JUDGE 2/2