Villegas Sarabia v. Mayorkas

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 23 Report and Recommendations, Plaintiffs complaint is DISMISSED WITHOUT PREJUDICE. IT IS FINALLY ORDERED that remaining motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. GRANTED 6 MOTION to Dismiss filed by Alejandro Mayorkas, Ur Mendoza Jaddou. Signed by Judge Fred Biery. (wg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
ENRIQUE VILLEGAS SARABIA,
Plaintiff,
V.
ALEJANDRO MAYORKAS, Secretary,
Department of Homeland Security; and
UR M. JADDOU, Director of U.S.
Citizenship and Immigration Services,
Defendants.

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CIVIL ACTION NO. SA-23-CA-964-FB

ORDER ACCEPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Before the Court are the Report and Recommendation of United States Magistrate Judge (docket
no. 23) recommending that Defendants’ Motion to Dismiss (docket no. 9) be granted, along with
Plaintiff’s written objections (docket no. 25) thereto.
Where no party has objected to a Magistrate Judge's Report and Recommendation, the Court
need not conduct a de novo review of the Report and Recommendation. See 28 U.S.C. § 636(b)(1) ("A
judge of the court shall make a de novo determination of those portions of the report or specified
proposed findings and recommendations to which objection is made."). In such cases, the Court need
only review the Report and Recommendation and determine whether it is clearly erroneous or contrary
to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).
On the other hand, any Report and Recommendation to which objection is made requires de
novo review by the Court. Such a review means that the Court will examine the entire record, and will
make an independent assessment of the law. The Court need not, however, conduct a de novo review
when the objections are frivolous, conclusive, or general in nature. Battle v. United States Parole
Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).

The Court has thoroughly analyzed Plaintiff’s submission in light of the entire record. As
required by Title 28 U.S.C. § 636(b)(1)(c), the Court has conducted an independent review of the entire
record in this cause and has conducted a de novo review with respect to those matters raised by the
objections. After due consideration, the Court concludes the objections lack merit.
IT IS THEREFORE ORDERED that the Report and Recommendation of the United States
Magistrate Judge (docket no. 23) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that
Defendants’ Motion to Dismiss (docket no. 6) is GRANTED and Plaintiff’s complaint is DISMISSED
WITHOUT PREJUDICE.
IT IS FINALLY ORDERED that remaining motions pending with the Court, if any, are
Dismissed as Moot and this case is CLOSED.
It is so ORDERED.
SIGNED this 29th day of August, 2024.

_________________________________________________
FRED BIERY
UNITED STATES DISTRICT JUDGE

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