Rico Guerrero v. Warden et al
| Oscar Ricardo Rico Guerrero |
| Warden, Miguel Vergara, Todd M. Lyons, Markwayne Mullin, Todd Blanche and Daren K Margolin |
| 5:2026cv00593 |
| April 7, 2026 |
| U.S. District Court for the Southern District of Texas |
| Diana Song Quiroga |
| Diana Saldana |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on April 23, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 FINAL JUDGMENT (Signed by Judge Diana Saldana) Parties notified. (egg5) |
| Filing 15 ADVISORY by Oscar Ricardo Rico Guerrero, filed. (Jones, Tashiba) |
| Filing 14 Advisory by Todd Blanche, Todd M. Lyons, Daren K Margolin, Markwayne Mullin, Miguel Vergara, filed. (Drootman, Eric) |
| Filing 13 ADVISORY ON PETITIONER'S RELEASE FROM CUSTODY by Todd Blanche, Todd M. Lyons, Daren K Margolin, Markwayne Mullin, Miguel Vergara, filed. (Drootman, Eric) |
Filing 12
ORDER. For the foregoing reasons, Petitioners Petition for Writ of Habeas Corpus, (Dkt. 1), is GRANTED. Respondents Response to the Petition for Writ of Habeas Corpus and Motion for Summary Judgment, (Dkt. 9), is DENIED. 1. Respondents are ORDERED to RELEASE Petitioner from custody immediately, under reasonable conditions of release, and to submit a status report to the Court confirming Petitioner's release within 24 hours of the date of this Order.2. Respondents must notify Petitioners counsel of the exact time and location of Petitioners release no less than three hours prior to Petitioners release from custody.6 / 63. Respondents must return any and all identification documents and personal belongings taken from Petitioner at the time of apprehension or during detention.4. If Petitioner is redetained, all applicable regulations and procedures must be followed, including that Petitioner be afforded an individualized assessment of Petitioners flight risk and dangerousness as guaranteed under the Due Process Clause of the Fifth Amendment.5. Within one week of the date of this Order, the Parties shall FILE advisories with the Court indicating whether the parties oppose entry of a final judgment in this case. (Signed by Judge Diana Saldana) Parties notified. (egg5)
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| Filing 11 RESPONSE in Opposition to #9 MOTION for Summary Judgment , filed by Oscar Ricardo Rico Guerrero. (Jones, Tashiba) |
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Filing 10
ORDER granting #2 Motion for T. Monique Jones to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (scg5)
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| Filing 9 MOTION for Summary Judgment by Todd Blanche, Todd M. Lyons, Daren K Margolin, Markwayne Mullin, Miguel Vergara, filed. Motion Docket Date 5/6/2026. (Attachments: #1 Proposed Order) (Drootman, Eric) |
| NOTICE OF APPEARANCE by Eric Joel Drootman on behalf of Todd Blanche, Todd M. Lyons, Daren K Margolin, Markwayne Mullin, Miguel Vergara, filed. (Drootman, Eric) |
| Filing 8 CERTIFICATE OF SERVICE of #5 Order,,, by Oscar Ricardo Rico Guerrero, filed. (Attachments: #1 Exhibit A, Certified Mail Receipts) (Jones, Tashiba) |
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Diana Song Quiroga. (Signed by Judge Diana Saldana) Parties notified. (egg5)
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Filing 5
ORDER. Petitioner is ORDERED to submit proof of service to the named Respondents by registered or certified mail pursuant to Federal Rule of Civil Procedure 4(i) by April 13, 2026.Having reviewed the Petition, Respondents are hereby ORDERED to show cause and submit a response to the Habeas Petition, (Dkt. 1), and serve it on Petitioner no later than April 15, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. 2243. The Court advises the Respondents that if no response is received, the Court may treat the petition as unopposed. Petitioner is ORDERED to submit a reply to Respondents Response on or before April 17, 2026. re: #1 Petition for Writ of Habeas Corpus, (Served electronically on USAO per MOU.) (Signed by Judge Diana Saldana) Parties notified. (tat5)
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| Filing 4 Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) |
| Filing 3 MOTION for Order to Show Cause by Oscar Ricardo Rico Guerrero, filed. Motion Docket Date 4/28/2026. (Attachments: #1 Proposed Order) (Jones, Tashiba) |
| Filing 2 MOTION to Appear Pro Hac Vice for T. Monique Jones (Fee Paid: $100, receipt number ATXSDC-35514067) by Oscar Ricardo Rico Guerrero, filed. Motion Docket Date 4/28/2026. (Jones, Tashiba) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-35513944) filed by Oscar Ricardo Rico Guerrero. (Attachments: #1 Exhibit 1, ICE Detainee Locator, #2 Exhibit 2, Immigration documents, #3 Exhibit 3, 2019 IJ Bond Order, #4 Exhibit 4, 2026 IJ Bond Order, #5 Civil Cover Sheet) (Jones, Tashiba) |
| Referral Judge Selected: Magistrate Judge Diana Song Quiroga randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (clr5) |
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