Ventura Toca v. Department of Homeland Security (ICE) et al
| Oscar Daniel Ventura Toca |
| Department of Homeland Security (ICE) and Warden Warden of Rio Grande Detention Center |
| 5:2026cv01282 |
| July 20, 2026 |
| U.S. District Court for the Southern District of Texas |
| Marina Garcia Marmolejo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on August 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 13 MOTION to Stay and Motion for Summary Judgment by Department of Homeland Security (ICE), filed. Motion Docket Date 9/17/2026. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Concepcion, Hilda) |
| Filing 12 Certified Mail Receipt Returned re: 10 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (mtl5) |
| NOTICE OF APPEARANCE by Hilda M Garcia Concepcion on behalf of Department of Homeland Security (ICE), filed. (Concepcion, Hilda) |
Filing 11
ORDER re: #1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.)the Court hereby ORDERS Respondents to file a response and serve it on Petitioner within ten (10) days of the date of service by the Clerk of Court.1 The responsive pleading must specifically address whether this Court has jurisdiction to entertain this Petition. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). Given the time-sensitive nature of Petitioners claims, no extensions will be granted.It is further ORDERED that if Petitioner elects to file a reply, they may do so no later than five (5) days after Respondents file their respective answers or responses. See Rule 5(e) of the Rules Governing Section 2254 Proceedings. (Signed by Judge Marina Garcia Marmolejo) Parties notified. (egg5)
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Filing 9
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Court GRANTS Plaintiffs Application and authorizes him to commence this action without prepayment of fees. Plaintiff is on NOTICE that should his financial situation change, he may be required to pay the five-dollar filing fee in full. See 28 U.S.C. 1915(b)(1).(Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (mtl5)
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Filing 8
ORDER Petitioners Motion to Proceed in Forma Pauperis (IFP) (Dkt. No. 2) is REFERRED to United States Magistrate Judge Diana Song Quiroga. If Judge Song Quiroga finds that the IFP application should be granted, she may issue an order to that effect; but if she finds that it should be denied, she shall issue a report and recommendation (Signed by Judge Marina Garcia Marmolejo) Parties notified. (egg5) (Main Document 8 replaced on 8/7/2026) (egg5).
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| Filing 7 CONSENT to Proceed Before a Magistrate Judge by Oscar Daniel Ventura Toca, filed. (Attachments: #1 Envelope) (vm5) |
| Filing 5 Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) |
| Filing 4 NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (rlt5) |
| Filing 3 Clerk's Notice of Duplicate Case. Parties notified, filed. (rlt5) |
| Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Oscar Daniel Ventura Toca, filed. Motion Docket Date 8/10/2026. (rlt5) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Oscar Daniel Ventura Toca. (rlt5) (Additional attachment(s) added on 7/20/2026: #1 Envelope) (rlt5). |
| Referral Judge Selected: Magistrate Judge Diana Song Quiroga randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (rlt5) |
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