Ruglas Barrientos v. Baltazar et al

Filing 28

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 18 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus (Signed by Judge Diana Saldana) Parties notified. (bm5)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION

BRYAN REYNALDO RUGLAS
BARRIENTOS,
Plaintiff,
VS.
JUAN BALTAZAR, et al.,
Defendants.

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March 07, 2025
Nathan Ochsner, Clerk

CIVIL ACTION NO. 5:24-CV-00005

ORDER
Petitioner Bryan Reynaldo Ruglas Barrientos (“Petitioner”) filed a Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2241, raising therein several claims related to his arrival,
removal, and bar of reentry. (Dkt. 1.) The Government filed a Motion to Dismiss Petitioner’s
Petition. (Dkt. 18.) The Court referred this matter to Magistrate Judge Diana Song-Quiroga (Dkt.
4), who thereafter submitted her Report and Recommendation. (Dkt. 25.) In her Report and
Recommendation, the Magistrate Judge recommended granting the Government’s defense and
dismissing Petitioner’s claims challenging his parole and bond determinations. (Id. at 4.) The
Magistrate Judge also recommended the Court deny the Government’s defense that the Court
lacked subject matter jurisdiction to review Petitioner’s remaining claim contesting his twentyyear bar of reentry. (Id. at 6–8.)
Over fourteen days have passed since the Parties were served with a copy of this Report
and Recommendation, and no written objections have been filed. Having now reviewed the matter
as provided by 28 U.S.C. § 636, the Court concludes that the Report and Recommendation should

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be and is hereby ADOPTED IN WHOLE. Thus, Petitioner’s Petition (Dkt. 1) is DISMISSED
without prejudice.
IT IS SO ORDERED.
SIGNED this March 7, 2025.

_______________________________
Diana Saldaña
United States District Judge

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