Diana Saldaña

How Judge Saldaña rules, drawn from 19 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Southern District of Texas
Position
District judge
Appointed by
Barack Obama (Democratic)
Commissioned
February 9, 2011
Education
University of Texas at Austin, B.A. (History), 1993; University of Texas at Austin, B.A. (Government), 1994; University of Texas School of Law, J.D., 1997
Signed orders read
19

About Judge Saldaña

Diana Saldaña is a judge of the United States District Court for the Southern District of Texas. Appointed by President Barack Obama, Judge Saldaña received a commission on February 9, 2011.

Judge Saldaña's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Saldaña's own (checked October 8, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Saldaña decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In a federal officer damages case, the court rejected a broad excessive force framing and required a more specific comparison to existing Bivens contexts.

“The bar for extending Bivens is at least higher than classifying a case as a ‘garden variety excessive force case’”

In an immigration detention case, the court used statutory text and history to apply 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2)(A).

“Based on the statutes’ plain text, the statutes’ history, Congressional intent, and § 1226(a)’s application over the past decades, the Court finds that 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2)(A), applies to Petitioner’s detention.”

In one immigration detention habeas case, the court required an individualized assessment of flight risk and dangerousness, with a chance to respond, for a petitioner with established ties to the United States.

“the Due Process Clause of the Fifth Amendment guarantees Petitioner an individualized assessment of his flight risk and dangerousness and an opportunity to respond prior to detention by ICE.”

Procedural preferences

In a state habeas case, the court treated timely responses to a recommendation as objections even though the petitioner had not labeled them as such.

“Though not labeled as such, the Court construes these filings as objections because Petitioner dated them during the objections period, they respond directly to both R&Rs, and they address the issue of timeliness.”

The court held that Texas’s medical expense affidavit procedure conflicted with federal rules and did not apply in federal court.

“the application of § 18.001 in federal court is the epitome of a ‘direct collision’ between a state law and a federal rule.”

For a minor’s settlement, the court considered a guardian ad litem report and a hearing before finding the settlement in the minor’s best interest.

“To finalize this settlement, having heard the arguments of Plaintiff, Defendants, and the Guardian Ad Litem, the Court finds that the settlement is in the best interest of the minor Plaintiff.”

Cautions

After repeated pretrial disputes, the court warned that further failure to follow explicit orders could lead to sanctions.

“The Parties are hereby warned: continued failure to follow explicit Court Orders will be grounds for future sanctions.”

In an employer liability case, the court required evidence of actual knowledge of an employee’s incapacity, beyond general awareness.

“the case law calls for an employer’s actual knowledge of incapacity, as opposed to a general awareness.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Gomez Vicente v. United States
5:20-cv-00081 · 2021-09-29
Motions to dismiss (defendant (U.S. Border Patrol agent)) Granted

“the Magistrate Judge's Report and Recommendation (Dkt. 50) is hereby ADOPTED IN PART and REJECTED IN PART pursuant to the sustained objections noted above. Defendant Romualdo Barrera's Motion to Dismiss (Dkt. 30) is hereby GRANTED, and Plaintiffs' Bivens claims are hereby DISMISSED.”

Fuentes v. Lyons
5:25-cv-00153 · 2025-10-16
Habeas petition (petitioner (alien detainee)) Granted in part

“Fuentes' Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Dkt. 1), is GRANTED IN PART. ... The Court ORDERS that Respondents release Fuentes unless he is provided a bond hearing under 8 U.S.C. § 1226(a) by October 24, 2025.”

Motions to dismiss (respondent (federal government / ICE)) Denied

“Respondent's Opposition to Petition for Writ of Habeas Corpus and Motion to Dismiss is DENIED.”

Motion for tro preliminary injunction (petitioner (alien detainee)) Moot / procedural

“Fuentes' Opposed Motion for Temporary Restraining Order and Preliminary Injunction, (Dkt. No. 24), is DENIED as moot. The preliminary injunction hearing scheduled for Friday, October 17, 2025, is hereby TERMINATED.”

Valentine v. Hodnett
5:14-cv-00072 · 2016-03-02
Summary judgment (defendant (employer LouTex Contractors)) Granted

“the Magistrate Judge's Report (Dkt. 51) is hereby ACCEPTED in the manner discussed herein, and LouTex's summary-judgment motion (Dkt. 41) is thus GRANTED. ... Plaintiffs' claims against LouTex are hereby DISMISSED in their entirety.”

Motions to strike (defendant (employer LouTex Contractors)) Denied

“The Magistrate Judge's Report (Dkt. 51) further recommends the denial of an associated request by LouTex to strike aspects of Plaintiffs' response to the summary-judgment motion (Dkt. 49). Noting no objection by LouTex, the Report (Dkt. 51) is also ACCEPTED in this regard, such that LouTex's motion to strike (Dkt. 49) is DENIED.”

Perez v. Tyczynski
5:21-cv-00109 · 2023-02-15
Motion to apply state statute (plaintiff) Denied

“Plaintiff's Motion (Dkt. 62) is hereby DENIED. ... the Court reaches the same conclusion either under its 'direct collision' analysis or under the Erie doctrine: § 18.001 has no application in federal court.”

Motion to exclude (defendant) Granted

“Defendant's Motions to Exclude (Dkts. 64, 65, 66) are hereby GRANTED. ... Plaintiff will not be permitted to pursue a claim for lost wages at trial, and any evidence of lost wages is hereby excluded.”

Motion to exclude (defendant) Granted

“Plaintiff will not be permitted to pursue a claim for property damage at trial, and any evidence of property damage is hereby excluded.”

Motion to exclude (defendant) Granted

“Plaintiff will not be permitted to pursue a claim for loss of earning capacity at trial, and any evidence of loss of earning capacity is hereby excluded.”

Johnson v. Bodi Services, LLC
5:17-cv-00123 · 2018-06-29
Motion to approve settlement (plaintiff) Granted

“the Magistrate Judge's Report and Recommendation is hereby ACCEPTED, Plaintiff's unopposed motion to approve the settlement agreement is hereby GRANTED, the settlement agreement is hereby APPROVED, and this case is hereby DISMISSED WITH PREJUDICE.”

Motion to seal (plaintiff) Denied

“Plaintiff's unopposed motion to seal the settlement agreement is hereby DENIED. The Clerk of Court is therefore DIRECTED to UNSEAL the settlement agreement 30 days after the entry of this Order.”

Camacho-Gomez v. United States
5:18-cv-00032 / 5:16-cr-01001 · 2018-11-06
Motion to vacate sentence (petitioner) Denied

“the Court concludes that the Report and Recommendation should be and is hereby ACCEPTED. Thus, Petitioner's motion (Dkt. 1) is DENIED. The Clerk of Court is directed to TERMINATE this case.”

United States v. $27,000.00 U.S. Currency
5:24-cv-00016 · 2026-05-29
Default judgment (plaintiff (United States)) Granted

“Finding no clear error, the Report and Recommendation, (Dkt. 23), is hereby ADOPTED IN WHOLE. The Government's Motion for Default Judgment and Entry of Final Order of Forfeiture against $27,000.00 in United States Currency, (Dkt. 21), is hereby GRANTED.”

United States v. $98,723.00 U.S. Currency
5:24-cv-00034 · 2026-04-17
Default judgment (plaintiff (United States)) Granted

“Finding no clear error, the Report and Recommendation, (Dkt. 21), is hereby ADOPTED IN WHOLE. The Government's Motion for Default Judgment and Entry of Final Order of Forfeiture against $98,723.00 in United States Currency, (Dkt. 19), is hereby GRANTED.”

United States v. $275,905.00 U.S. Currency
5:24-cv-00059 · 2025-08-26
Default judgment (plaintiff (United States)) Granted

“Finding no clear error, the Report and Recommendation (Dkt. No. 16) is hereby ADOPTED IN WHOLE. Accordingly, the Government's Motion for Default Judgement against $275,905.00 United States Currency (Dkt. 14) is GRANTED. The Defendant currency is forfeited to the United States pursuant to 21 U.S.C. 881(a)(6).”

Smigelski v. U.S. Customs and Border Protection
5:25-cv-00267 · 2026-02-06
Motion to proceed ifp (plaintiff) Denied

“Therefore, Plaintiff’s Application to Proceed in Forma Pauperis, (Dkt. 2), is DENIED, and Plaintiff has sixty (60) days to pay the filing fee.”

Diaz-Miranda v. Garcia
5:26-cv-01509 · 2026-09-04
Habeas petition (petitioner (immigration detainee)) Granted

“For the foregoing reasons, Petitioner’s Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED.”

Summary judgment (respondents (federal government)) Denied

“Respondents’ Response to the Petition for Writ of Habeas Corpus and Motion for Summary Judgment, (Dkt. 16), is DENIED.”

Simms v. U.S. Customs & Border Protection
5:22-cv-00085 · 2023-07-31
Habeas petition (petitioner) Denied

“Writ of Habeas Corpus (Dkt. 1) is DISMISSED with prejudice.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 197 days (N = 7).

Median motion-to-ruling time: 33 days (N = 4).

  • Laredo-division docket. The current (2026) caseload is dominated by alien-detainee 2241 habeas petitions (Rio Grande Processing Center, La Salle County Regional Detention Center, CoreCivic), all recently filed and pending, a border-division surge mirroring colleague Marmolejo's.
  • Historically the Laredo judges carry very large criminal dockets (narcotics trafficking and alien smuggling, more than 2,000 felony cases across the two judges in 2013).
  • Across the four published orders read: Bivens/wrongful-death (a Border Patrol shooting), wrongful-death/employer negligence (motor vehicle), alien-detainee habeas, and motor-vehicle personal-injury (trial-prep).
  • The 2022 terminated-civil sample is heavy on first-party insurance (hail/wind property claims removed from Webb County state court), motor-vehicle tort, and patent (a Lamplight Licensing filing cluster).

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years2
ReportMotions over six monthsCases over three years
Mar 202602
Sep 202501
Mar 202502
Sep 202401
Mar 202400
Sep 202302
Mar 202303
Sep 202201
Mar 202204
Sep 202129
Mar 202123
Sep 202002

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of U.S. District Court for the Southern District of Texas, not for Judge Saldaña: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed5,7427.6 months
Closed with no court action2,4426 months
Closed before pretrial2,3717.4 months
Closed during or after pretrial87111.4 months
Closed during trial5831.6 months
12 months endingCases closedMedian time
Sep 20255,7427.6 months
Sep 20245,0867.5 months
Sep 20234,7627.9 months
Sep 20224,5958.8 months
Sep 20214,7458.8 months
Sep 20205,0098.1 months
Sep 20195,2337.5 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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