Vasylevskyi v. Noem

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
OLEKSII V., §
“Petitioner,” §
§
v. §
§
Civil Action No. 1:26-cv-00012
KRISTI NOEM, et al., in their official
capacities,
“Respondents.”
§
§
§
ORDER
Before the Court is Petitioner’s “Petition for a Writ of Habeas Corpus” (Dkt. No. 13) (“Petition”),
Respondents’ “Response to Petition for Writ of Habeas Corpus, Motion to Dismiss or Alternatively, Motion
for Summary Judgment” (Dkt. No. 20) (“MTD”), and the Magistrate Judge’s “Report and Recommendation
to Grant Petitioner’s Habeas Petition” (Dkt. No. 31) (“R&R”).
The R&R recommends that the Court (1) grant the Petition (Dkt. No. 1), (2) deny the MTD (Dkt.
No. 20), (3) deny Petitioner’s various Motions (Dkt. Nos. 14, 20, 27, 29) as moot, (4) order Respondents to
release Petitioner subject to supervision and provide a status report verifying such release, and (5) direct
the Clerk of Court to close the case once that status update has been provided to the Court. Dkt. No. 31 at
1.
The R&R was published and sent to Petitioner by certified mail on June 30, 2026. Dkt. Nos. 31 &
32. Plaintiff received the R&R on July 3, 2026, see Dkt. No. 32, and objections to the R&R were due July
17, 2026. No objections were filed. If there have been no objections to the magistrate’s ruling, the Court
reviews the magistrate judge’s conclusions for clear error. See Guillory v. PPG Indus., 434 F.3d 303, 308
(5th Cir. 2005).
Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 31) is
ADOPTED. The Petition (Dkt. No. 13) is GRANTED and the MTD (Dkt. No. 20) is DENIED.
United States District Court
Southern District of Texas
ENTERED
July 20, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00012 Document 34 Filed 07/20/26 in TXSD Page 1 of 2

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Petitioner’s pending Motions (Dkt Nos. 14, 20, 27, 29) are all DENIED as moot. Respondents are
ORDERED to release Petitioner subject to supervision and provide a status report verifying such release.
SIGNED this July 20, 2026
Case 1:26-cv-00012 Document 34 Filed 07/20/26 in TXSD Page 2 of 2