Torres v. Noem et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RIGOBERTO GUEVARA TORRES,
Petitioner,
v.
SCARLET GRANT, et al.,
Respondents.
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Case No. CIV-26-196-D
ORDER
Petitioner Rigoberto Guevara Torres 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 Shon T. Erwin for initial proceedings in accordance with 28 U.S.C.
§ 636(b)(1)(B) and (C). [Doc. No. 3].
On March 31, 2026, the magistrate judge issued a Report and Recommendation
[Doc. No. 14], recommending that the Court grant in part Petitioner’s habeas petition and
order Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a). In
his report, the magistrate judge notified the parties of their right to file an objection to the
report on or before April 7, 2026, and that the failure to object waives the right to appellate
review of both factual and legal issues contained in the report. See Moore v. United States,
950 F.2d 656, 659 (10th Cir. 1991).
Upon review of the file and noting no timely objection to the findings and
recommendations 	of 	the 	magistrate 	judge, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation [Doc. No. 14].
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For the reasons stated therein, the Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2241 [Doc. No. 1] is GRANTED in part. Respondents shall provide Petitioner
with a prompt bond hearing under 8 U.S.C. § 1226(a), or release Petitioner. Further,
Petitioner’s Emergency Motion for Temporary Restraining Order [Doc. No. 13] is
DENIED as MOOT. A separate judgment shall be entered.
IT IS SO ORDERED this 8 th day of April, 2026.
TIMOTHY 	. DeGIUSTI
Chief United States District Judge
Case 5:26-cv-00196-D Document 16 Filed 04/08/26 Page 2 of 2