1:25-cv-00313•Osorio Toro v. U.S. Department of Homeland Security et al
Full text
1 / 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION § NICOLAS JACOB OSORIO TORO, “Petitioner,” § § § v. § Civil Action No. 1:25-CV-00313 § U.S. DEPARTMENT OF HOMELAND SECURITY (DHS), et al., “Respondents,” § § § ORDER Before the Court are Petitioner’s “Petition for Writ of Habeas Corpus” (Dkt. No. 1) (“Petition”), Respondents’ “Response to Petition for Writ of Habeas Corpus and Motion for Summary Judgment” (Dkt. No. 13) (“MSJ”), “Report and Recommendation to Grant Petitioner’s Habeas Petition in Part” (Dkt. No. 16) (“Report and Recommendation”), and “Objections to Dkt. No. 16” (“Objections”) (Dkt. No. 17). After a de novo review of the file, the Report and Recommendation (Dkt. No. 16) is ADOPTED. It is therefore ORDERED, ADJUDGED, and DECREED that Petitioner’s Petition (Dkt. No. 1) is GRANTED in part, and Respondents’ MSJ (Dkt. No. 13) is DENIED as moot. Respondents are ORDERED to cease applying 8 U.S.C. § 1187 as a basis to detain Petitioner and are ORDERED to submit a status update affirming that Respondents have either released Petitioner or detained him only under 8 U.S.C. § 1226(a). SIGNED this April 14, 2026 ___________________________________ Rolando Olvera United States District Judge United States District Court Southern District of Texas ENTERED April 14, 2026 Nathan Ochsner, Clerk Case 1:25-cv-00313 Document 18 Filed 04/14/26 in TXSD Page 1 of 1
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.