Chen v. Perez et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
QUINGHUA CHEN 	§
§
§
§
§
VS.
ORLANDO PEREZ1 et al.
CIVIL ACTION NO. 5:26-cv-419
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred Petitioner’s Writ of Habeas Corpus and Respondents’ Motion
for Summary Judgment to United States Magistrate Judge Christopher dos Santos for a
Report and Recommendation (Dkt. No. 10). Judge dos Santos recommended denying both
as moot, as Petitioner has been removed from the United States (Dkt. No. 19 at 5). The
fourteen-day objection period has lapsed, and no party objected to this recommendation.
See 28 U.S.C. § 636(b)(1).
Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report
and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV-
43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United
States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc.,
858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN
WHOLE Judge dos Santos’s Report and Recommendation (Dkt. No. 19).
Accordingly, Petitioner’s Writ of Habeas Corpus is DENIED AS MOOT (Dkt. No.
1). Respondents’ Motion for Summary Judgment is DENIED AS MOOT (Dkt. No. 7).
1 Pursuant to Federal Rule of Civil Procedure 25(d), Todd Blanche is automatically substituted
for Respondent Pamela Bondi in this case. Markwayne Mullin is automatically substituted for
Respondent Kristi Noem and David Venturella is substituted for Respondent Todd Lyons under this
same rule. The Clerk of Court is DIRECTED to substitute these parties on the docket sheet.
United States District Court
Southern District of Texas
ENTERED
July 21, 2026
Nathan Ochsner, Clerk
Case 5:26-cv-00419 Document 20 Filed 07/21/26 in TXSD Page 1 of 2

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It is so ORDERED.
SIGNED July 21, 2026.
___________________________________
Marina Garcia Marmolejo
United States District Judge
Case 5:26-cv-00419 Document 20 Filed 07/21/26 in TXSD Page 2 of 2