Hernandez Casallas v. Jones et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
RICARDO ALBERTO HERNANDEZ )
CASALLAS, )
)
Petitioner, )
)
v. ) Case No. CIV-26-53-J
)
DON JONES, Warden, et al., )
)
Respondents. )
ORDER
Petitioner Ricardo Alberto Hernandez Casallas, a noncitizen from Venezuela, filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. [Doc. No. 1]. The matter was
referred to United States Magistrate Judge Chris M. Stephens consistent with 28 U.S.C. §
636(b)(1)(B), (C). Judge Stephens issued a Report and Recommendation recommending that the
Court: (1) grant the Petition and (2) order Respondents to provide Petitioner with a bond hearing
under 8 U.S.C. § 1226(a) within five business days or otherwise release him. [Doc. No. 13]. The
Court adopted the recommendation and ordered Respondents to provide a bond hearing and to
certify compliance. [Doc. No. 16]. Respondents complied with both instructions. [Doc. No. 20].
On March 5, 2026, Petitioner filed a Motion to Grant Release challenging Respondent’s
bond denial. [Doc. No. 21]. The matter was re-referred to Judge Stephens who has issued a
Supplemental Report and Recommendation recommending that the Court deny relief. [Doc. No.
28]. No party objected by the April 24, 2026 deadline.
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2
Accordingly, the Supplemental Report and Recommendation [Doc. No. 28] is ADOPTED
and Petitioner’s Motion to Grant Release [Doc. No. 21] is DENIED.1
IT IS SO ORDERED this 5th day of May, 2026.
1 The Court does not issue a certificate of appealability as one “is not required in order to appeal a
final order in a proceeding under 28 U.S.C. § 2241” for a federal inmate. Cano v. Holt, No. CIV-
25-01228-JD, 2026 WL 736461, at *14 (W.D. Okla. Mar. 16, 2026) (citation omitted; declining to
enter a certificate of appealability in a § 2241 immigration case).
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