Southern District of Texas • 5:26-cv-01282
Ventura Toca v. Department of Homeland Security (ICE)
Active
Case Information
Filed: July 20, 2026
Assigned to:
Marina Garcia Marmolejo
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 20, 2026
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). (Entered: 07/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION/APPLICATION to Proceed In Forma Pauperis by Oscar Daniel Ventura Toca, filed. Motion Docket Date 8/10/2026. (rlt5) (Entered: 07/20/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jul 20, 2026
Clerk's Notice of Duplicate Case. Parties notified, filed. (rlt5) (Entered: 07/20/2026)
Main Document:
Clerks Notice of Duplicate Case (FORM, noticing)
#4
Jul 20, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (rlt5) (Entered: 07/20/2026)
Main Document:
Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#5
Jul 20, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 07/20/2026)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Jul 20, 2026
Referral Judge Selected
Jul 20, 2026
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)
#7
Jul 27, 2026
CONSENT to Proceed Before a Magistrate Judge by Oscar Daniel Ventura Toca, filed. (Attachments: # 1 Envelope) (vm5) (Entered: 07/27/2026)
Main Document:
Consent to Proceed Before a Magistrate Judge
#8
Aug 07, 2026
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). (Entered: 08/07/2026)
Main Document:
Order
#9
Aug 14, 2026
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) (Entered: 08/14/2026)
Main Document:
Order on Motion for Leave to Proceed In Forma Pauperis
#11
Aug 17, 2026
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) (Entered: 08/17/2026)
Main Document:
Order
Aug 18, 2026
Notice of Appearance - USA (Govt Use Only)
Aug 18, 2026
NOTICE OF APPEARANCE by Hilda M Garcia Concepcion on behalf of Department of Homeland Security (ICE), filed. (Concepcion, Hilda)
#12
Aug 25, 2026
Certified Mail Receipt Returned re: 10 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (mtl5) (Entered: 08/25/2026)
Main Document:
Certified Mail Receipt Returned
#13
Aug 27, 2026
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) (Entered: 08/27/2026)
Main Document:
Stay
#14
Sep 29, 2026
Reassigning Case
Main Document:
Reassigning Case
Parties
Department of Homeland Security (ICE)
Party
Ventura Toca
Party