Osorio Toro v. U.S. Department of Homeland Security et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
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NICOLAS JACOB OSORIO TORO,
“Petitioner,”
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v. § Civil Action No. 1:25-CV-00313
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U.S. DEPARTMENT OF HOMELAND
SECURITY (DHS), et al.,
“Respondents,”
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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
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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