Valdivia v. Warden, El Valle Detention Facility

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
CHRISTOPHER MANUEL GIL VALDIVIA,
Petitioner,
VS.
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CIVIL ACTION NO. 1:26-CV-643
WARDEN, EL VALLE DETENTION FACILITY,
Respondent.
ORDER
Petitioner Christopher Manuel Gil Valdivia is currently detained by Immigration and
Customs Enforcement at the El Valle Detention Center in Willacy County, Texas. He challenges
his continued detention without an opportunity to receive a bond hearing. (Pet., Doc. 1)
A United States Magistrate Judge recommends that the Court deny the Petition. (R&R,
Doc. 9) No party objected to the Report and Recommendation and the deadline for doing so
expired on July 10, 2026.1
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b),
Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 9). It is:
ORDERED that Petitioner Christopher Manuel Gil Valdivia’s Petition for Writ of Habeas
Corpus (Doc. 1) is DENIED.
This is a final and appealable order.
1 The Clerk's Office mailed a copy of the Report and Recommendation to Petitioner at the return address that he
included in his Complaint. (See Doc. No. 10) The document was returned as undeliverable. (See Return, Doc. 12)
Mailing of documents to the address that a litigant provides satisfies the notice requirement for a Report and
Recommendation. See Lewis v. Hardy, 248 F. App'x 589, 593 n.1 (5th Cir. 2007) (unpubl.) (noting that when the clerk's
office mails a report and recommendation to the plaintiff's last known address and it is returned as undeliverable, the
plaintiff “is solely responsible for not receiving” the mailing).
United States District Court
Southern District of Texas
ENTERED
July 16, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00643 Document 13 Filed 07/16/26 in TXSD Page 1 of 2

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The Clerk of Court is directed to close this case.
Signed on July 16, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00643 Document 13 Filed 07/16/26 in TXSD Page 2 of 2