Hernandez Casallas v. Jones et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
RICARDO ALBERTO )
HERNANDEZ CASALLAS, )
)
Petitioner, )
)
v. ) Case No. CIV-26-1471-J
)
DON JONES, et al., )
)
Respondents. )
ORDER
Petitioner Ricardo Alberto Hernandez Casallas, a Venezuelan citizen, filed a Petition for
Writ of Habeas Corpus Under 28 U.S.C. § 2241 challenging his detention with United States
Immigration and Customs Enforcement (ICE). [Doc. No. 1]. The matter was referred to United
States Magistrate Judge Suzanne Mitchell consistent with 28 U.S.C. § 636(b)(1)(B), (C). Judge
Mitchell issued a Report and Recommendation recommending that the Court dismiss the Petition
for abuse of the writ. [Doc. No. 17]. Specifically, Judge Mitchell noted that Petitioner has already
challenged his detention in a previous Petition, and the Court granted him relief via a bond hearing.
See id. at 2. Petitioner did not object,1 thus waiving his right to de novo review. See Casanova v.
Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
Accordingly, the Report and Recommendation [Doc. No. 17] is ADOPTED and
Petitioner’s Petition [Doc. No. 1] is DISMISSED.2
1 Petitioner did not receive the Report and Recommendation as it was returned to sender. [Doc.
No. 18]. While the Court understands the complexity and challenges involved in ICE detention,
it was ultimately Petitioner’s responsibility to update the Court with his current address. See LCvR
5.4.
2 The Court has examined all the relevant filings and would reach the same conclusion on de novo
review.
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2
A separate judgment will enter.
IT IS SO ORDERED this 15th day of October, 2026.
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