Henry J. Bemporad
How Judge Bemporad rules, drawn from 31 signed orders. Every observation links to the order it came from.
About Judge Bemporad
Henry J. Bemporad has served as a U.S. magistrate judge in the San Antonio Division of the Western District of Texas since 2012. He earned a law degree from Stanford University and previously served as the federal public defender for the Western District of Texas. He also clerked for U.S. District Judge Edward C. Prado.
Judge Bemporad's practices and standing orders
Rules for cases before Judge Bemporad, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Contacting chambers
My Law Clerk, Daniel Moss, may be contacted directly to raise a procedural (not substantive) issue in a civil case if the issue has not been addressed by the rules or prior Orders.
“My Law Clerk, Daniel Moss, may be contacted directly to raise a procedural (not substantive) issue in a civil case if the issue has not been addressed by the rules or prior Orders.”
Contacting chambers
In most cases, contact during deposition is unnecessary. However, the parties may contact me during depositions on matters requiring immediate attention.
“In most cases, contact during deposition is unnecessary. However, the parties may contact me during depositions on matters requiring immediate attention.”
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).
- Standing Order Regarding Joint or Unopposed Request to Change Deadlines ↗
- Order Regarding Procedures for the Filing, Service and Management of Highly Sensitive Documents ↗
- General Order Regarding Electronic Filing of Transcripts ↗
- Standing Order Regarding Attorney Admissions and CLE Requirements ↗
- Privacy Policy and Public Access to Electronic Files ↗
- Standing Order Regarding the Electronic Submission of Sealed Civil Documents ↗
How Judge Bemporad decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Mahmoudpour v. Bondi, Bemporad recommended release from immigration detention within 48 hours because the government had not rebutted the petitioner’s evidence that removal was unlikely in the reasonably foreseeable future.
“Respondents have not met their burden of presenting evidence sufficient to rebut Petitioner’s good reasons for believing that he is not likely to be removed in the reasonably foreseeable future.”
Procedural preferences
In Puebla v. Ford Motor Co., Bemporad recommended denying remand because the corrected service date still placed the removal notice within the 30-day limit.
“Even with a receipt date of April 18, 2025, the removal was filed well within the 30-day time frame established by § 1446(b)(1).”
Cautions
In Dewitt v. Magnificus, Bemporad recommended dismissal of the age-discrimination claim after the complaint and its attachments failed to show an administrative charge and the plaintiff did not answer the exhaustion argument.
“Neither facts pleaded in the Amended Complaint nor the documents attached to it show otherwise, and Plaintiff does not respond to Defendant’s exhaustion argument in its motion to dismiss.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants Medtronic, Inc.'s and Medtronic USA, Inc.'s Motion for Summary Judgment (docket #104) and Defendant Integra Lifesciences Corporation's Motion for Summary Judgment (docket #105) are GRANTED such that Plaintiffs' claims and this case are DISMISSED WITH PREJUDICE.”
“Defendant Kendall County's Motion for Summary Judgment (docket #18) is GRANTED and all of Plaintiff's claims and this case are DISMISSED WITH PREJUDICE.”
“Plaintiff's Motion for Summary Judgment (docket #4) is DENIED WITHOUT PREJUDICE as premature”
“Defendants' Motion to Dismiss (docket #38) is GRANTED IN PART such that Plaintiff's Verified First Amended Complaint (docket #32) is DISMISSED WITHOUT PREJUDICE for the failure to comply with Federal Rule of Civil Procedure 8(a)(2); DENIED IN PART... DENIED IN PART AS MOOT”
“GRANTS IN PART AND DENIES IN PART Plaintiff's Motion for Final Default Judgment (Dkt. # 8). The Motion is GRANTED as to Plaintiff's request for damages, fees, and costs, as follows: (1) $3,285 in statutory compensatory damages... (2) $3,285 in statutory enhanced damages... (3) $2,137.50 in reasonable attorneys' fees... and (4) $516 of costs... The Motion is DENIED as to Plaintiff's request for additional damages.”
“the Court ADOPTS Judge Bemporad's recommendations and GRANTS Plaintiff Angel Dominguez's Motion for Default Judgment. (Dkt. # 11.)”
Judge Bemporad screened this self-represented litigant's in-forma-pauperis complaint under 28 U.S.C. 1915(e) and recommended dismissal as frivolous, denial of the pending motions as moot, and a filing injunction. Judge Pulliam reviewed for clear error and adopted the recommendation. Because the screening occurred on the court's own initiative, it resolved no party motion.
“the Magistrate Judge concluded that Plaintiff's appeal to the Fifth Circuit was not taken in good faith and recommended that his application for IFP status on appeal (ECF No. 14) be denied.”
“the Magistrate Judge concluded that, because the ALJ had erred in failing to resolve conflict between the VE's testimony and the DOT, the record lacked substantial evidence to support the ALJ's decision that Plaintiff is not disabled at step five of the analysis. ECF No. 23 at 10 ... Accordingly, the Magistrate Judge recommended that the Commissioner's decision be vacated and remanded for further reconsideration.”
“the Report and Recommendations of the United States Magistrate Judge, filed in this case on May 28, 2025 (docket #71) is ACCEPTED such that Defendant, City of San Antonio, Texas' Partial Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (docket #57) and The Defendant Officers' Second (12)(b)(6) Motion to Dismiss Plaintiffs' Third Amended Complaint (docket #61) are GRANTED and this case is DISMISSED WITH PREJUDICE.”
“For the reasons set out above, I recommend DISMISSAL WITHOUT PREJUDICE of Plaintiff's claims against (1) Las Vegas; (2) Attorney Cameron Brown, (3) Attorney Christopher Ford; (4) Attorney Tony Smith; (5) Attorney Kimberley House; (6) Advocate Kassandra Levay; (7) Tonja Ochonma, and (8) Charles Ochonma.”
“it is clear from the face of Plaintiff's notice ‘that removal should not be permitted,’ and that ‘summary remand’ is appropriate. Id. § 1455(b)(4). Accordingly, I recommend that the Court REMAND this matter to the Fifteenth Circuit Court of Alabama.”
“I recommend that Defendant's Motion to Dismiss (Docket Entry 7) be DENIED WITHOUT PREJUDICE to reconsideration of Defendant's arguments by way of a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56.”
Caseload & timing
From public federal docket records for this judge.
Judge Bemporad sits in the San Antonio Division and receives civil referrals from Judges Fred Biery and Jason K. Pulliam and Senior Judge David Alan Ezra. His directly assigned work includes a substantial criminal-duty docket. Before joining the bench, he clerked for former Western District of Texas Judge Edward C. Prado.
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 months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 0 |
| Sep 2025 | 0 | 0 |
| Mar 2025 | 0 | 0 |
| Sep 2024 | 0 | 0 |
| Mar 2024 | 0 | 0 |
| Sep 2023 | 0 | 0 |
| Mar 2023 | 0 | 1 |
| Sep 2022 | 0 | 0 |
| Mar 2022 | 0 | 0 |
| Sep 2021 | 0 | 0 |
| Mar 2021 | 0 | 0 |
| Sep 2020 | 0 | 0 |
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 Western District of Texas, not for Judge Bemporad: 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.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 3,691 | 7.7 months |
| Closed with no court action | 1,171 | 5.5 months |
| Closed before pretrial | 2,115 | 7.5 months |
| Closed during or after pretrial | 366 | 14 months |
| Closed during trial | 39 | 30.6 months |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 3,691 | 7.7 months |
| Sep 2024 | 3,440 | 7.8 months |
| Sep 2023 | 3,823 | 7.2 months |
| Sep 2022 | 3,633 | 8.3 months |
| Sep 2021 | 3,178 | 8 months |
| Sep 2020 | 2,990 | 6.4 months |
| Sep 2019 | 2,854 | 7.1 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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