Aguazaco Orjuela et al v. Office of the Principal Legal Advisor et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
AGUAZACO ORJUELA, and
LUISA FERNANDA SAMBONI-
GONZALEZ,
§
§
§
Petitioners,
§
§
§
v. § Civil Action No. 1:25-cv-153
§
FRANCISCO VENEGAS, §
§
Respondent. §
MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the Court is Petitioners Aguazaco Orjuela and Luisa Fernanda Samboni-
Gonzalez’s “Petition for Writ of Habeas Corpus” (“§ 2241 Petition”). Dkt. No. 1. For the
reasons provided below, it is recommended that the Court: (1) DISMISS WITHOUT
PREJUDICE; and (2) DIRECT the Clerk of Court to CLOSE this case.
I. FACTUAL AND PROCEDURAL BACKGROUND
On July 9, 2025, Orjuela initiated this action by filing a § 2241 Petition pursuant
to 28 U.S.C. § 2241 on behalf of his wife, Samboni-Gonzalez. Dkt. No. 1. Petitioners seek
Samboni-Gonzalez’s immediate release from custody at the El Valle Detention Center (“El
Valle”) located in Raymondville, Texas. Id. Despite proceeding as Samboni-Gonzalez’s
attorney1, Orjuela does not allege or show that he is licensed to practice law in the State
1 Orjuela both appears as a petitioner and signs Samboni-Gonzalez’s § 2241 Petition as if he were her
attorney. Dkt. No. 1 at 1, 9.
United States District Court
Southern District of Texas
ENTERED
December 22, 2025
Nathan Ochsner, Clerk
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of Texas or any federal court in the United States. See generally id. Nor does he allege or
provide sufficient information to proceed as Samboni-Gonzalez’s “next friend.” See
generally id.
On September 4, 2025, the Court ordered Orjuela to show cause why this action
should not be dismissed for lack of jurisdiction. Dkt. No. 8 at 3. In its Notice and Order,
the Court also notified Orjuela as to the requirements for establishing himself as
Samboni-Gonzalez’s next friend. Id. Orjuela’s deadline to respond to the Court’s order
was October 4, 2025. Id. Orjuela has yet to respond to the Court’s order, and the Court
has not received communications of any kind from either petitioner since the July 9,
2025, § 2241 Petition.
The Court is unable to verify that Samboni-Gonzalez is in the custody of the United
States’ Immigration and Customs Enforcement (“ICE”). Searching Samboni-Gonzalez’s
A-number and country of origin2 on the United States’ Immigration and Customs
Enforcement’s (“ICE”) “Online Detainee Locator System” leads to no results. See Online
Detainee Locator System, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,
https://locator.ice.gov/odls/#/search. Searching by Samboni Gonzalez’s name and
country of origin also leads to no results. See id.
II. LEGAL STANDARD
A. Federal Rule of Civil Procedure 41(b)
Federal Rule of Civil Procedure 41(b) (“Rule 41(b)”) provides for dismissal for
failure to prosecute and comply with a court’s orders. “If the plaintiff fails to prosecute or
2 Samboni-Gonzalez’s A-number is A-246820859, and her country of origin is Colombia. Dkt. No. 1 at 3.
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to comply with these rules or a court order, a defendant may move to dismiss the action
or any claim against it. Unless the dismissal order states otherwise, a dismissal under this
subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction,
improper venue, or failure to join a party under Rule 19—operates as an adjudication on
the merits.” FED. R. CIV. P. 41(b). See Rossmann v. Pompeo, No. 3:17-CV-2975-L-BH, 2017
WL 6559152 (N.D. Tex. Nov. 20, 2017), adopted by, 2017 WL 6558159 (N.D. Tex. Dec.
22, 2017) (recommending dismissal for failure to prosecute after plaintiff failed to submit
application in forma pauperis in compliance with a court order); Raker v. City of Corpus
Christi Police Dept., No. MC-08-22, 2008 WL 3317006, at *2 (S.D. Tex. Aug. 7, 2008)
(dismissing a plaintiff's action for failure to prosecute after plaintiff failed to submit an
amended complaint in compliance with a court order). “District courts may, for
appropriate reasons, dismiss cases sua sponte. For example, sua sponte dismissal is
appropriate when a plaintiff fails to prosecute her case.” Carver v. Atwood, 18 F.4th 494
(5th Cir. 2021) (internal citation omitted). A Rule 41(b) dismissal may be with or without
prejudice. Long v. Simmons, 77 F.3d 878, 879-80 (5th Cir. 1996).
III. DISCUSSION
Petitioners have failed to prosecute this case and to comply with the Court’s
September 4, 2025, Notice and Order. Dkt. No. 8. Despite the October 4, 2025, deadline
[Dkt. No. 8 at 3], Orjuela has yet to respond to the Court’s order to show cause. The Court
has not received any communications from either Orjuela or Samboni-Gonzalez since the
July 9, 2025, § 2241 Petition. Given the petitioners’ lack of contact or filings with the Court
for five months, Orjuela’s failure to respond to the Court’s order, and the Court’s inability
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to locate any records that verify that Samboni Gonalez is in ICE custody, this action should
be dismissed for failure to prosecute pursuant to FED. R. CIV. P. 41(b).
IV. RECOMMENDATION
For the foregoing reasons, it is recommended that the Court: 1) DISMISS
WITHOUT PREJUDICE Plaintiff’s claims for failure to prosecute pursuant to FED. R.
CIV. P. 41(b); and 2) DIRECT the Clerk of Court to CLOSE this case.
V. NOTICE TO PARTIES
A party’s failure to file written objections to the proposed findings, conclusions,
and recommendation in a magistrate judge’s report and recommendation within fourteen
days after being served with a copy shall bar that party, except upon grounds of plain
error, from attacking on appeal the unobjected-to proposed factual findings and legal
conclusions accepted by the district court, provided that the party has been served with
notice that such consequences will result from a failure to object. Douglass v. United
Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996) (en banc); 28 U.S.C. § 636(b)(1);
FED. R. CIV. P. 72(b).
SIGNED on this 22nd day of December, 2025, at Brownsville, Texas.
____________________________________
Ignacio Torteya, III
United States Magistrate Judge
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