Northern District of Texas • 1:25-cv-00293

Gallego Osorio v. Villegas

Completed

Case Information

Filed: December 31, 2025
Assigned to: James Wesley Hendrix
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: April 28, 2026
Last Activity: August 28, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 31, 2025
PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 filed by Oscar Dario Gallego Osorio with Brief/Memorandum in Support. (Attachments: # 1 Cover Sheet Habeas Corpus Cover, # 2 Affidavit(s) Certificate of Interested Person) (Rivera Morales, Humberto) Modified docket text on 12/31/2025 (cea). (Entered: 12/31/2025)
Main Document: PETITION
#2
Dec 31, 2025
Emergency MOTION for Temporary Restraining Order filed by Oscar Dario Gallego Osorio with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) Brief in Support TRO, # 2 Exhibit(s) Exhibits TRO, # 3 Proposed Order Proposed Order for TRO). Party Marcello Villegas added. (Rivera Morales, Humberto) (Entered: 12/31/2025)
Main Document: Emergency MOTION
#3
Dec 31, 2025
Case Assigned to Judge James Wesley Hendrix. (cea) (Entered: 12/31/2025)
#4
Dec 31, 2025
PETITION for Writ of Habeas Corpus filed by Oscar Dario Gallego Osorio. (Filing fee - NO FEE PAID.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. SEE DOCUMENT 1 FOR IMAGE. (cea) (Entered: 12/31/2025)
#5
Dec 31, 2025
New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) (amg) (Entered: 12/31/2025)
#6
Dec 31, 2025
ORDER TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE. The respondents are ordered to file an answer that shows cause why the petitioner's writ and motion for TRO should not be granted by no later than January 20, 2026. The petitioner may file a reply to the respondents' answer by no later than February 3, 2026. In addition, the respondents are ordered to file, by no later than 5:00 p.m. CT on January 2, 2026, a notice addressing whether the government will commit not to remove the petitioner pending the Court's resolution of the petitioner's habeas petition and motion for TRO. Service of this Order, as well as the petition and motion for TRO (Dkt. Nos. 1; 2), shall be made by the petitioner on the United States Attorney for the Northern District of Texas, Ryan Raybould, by 12:00 p.m. CT on January 2, 2026, which shall constitute good and sufficient service on the respondents. (Ordered by Judge James Wesley Hendrix on 12/31/2025) (amg) (Entered: 12/31/2025)
Main Document: Order Setting Deadline/Hearing AND Order to Show Cause/Order to Answer
Dec 31, 2025
Petition for Writ of Habeas Corpus
#8
Jan 02, 2026
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Oscar Dario Gallego Osorio. (Clerk QC note: No affiliate entered in ECF). (Rivera Morales, Humberto) (Entered: 01/02/2026)
Main Document: CERTIFICATE
#9
Jan 02, 2026
NOTICE of re: 6 Order to Show Cause/Order to Answer,,,, Order Setting Deadline/Hearing,,, filed by Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas (Stoltz-DOJ, Brian) (Entered: 01/02/2026)
Main Document: NOTICE
#10
Jan 02, 2026
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas. (Clerk QC note: No affiliate entered in ECF). (Stoltz-DOJ, Brian) (Entered: 01/02/2026)
Main Document: CERTIFICATE
#11
Jan 02, 2026
CERTIFICATE OF SERVICE by Oscar Dario Gallego Osorio. **Clerk's Note: hand-delivered to Dallas Clerk's office. (amg) (Entered: 01/02/2026)
Main Document: CERTIFICATE
#12
Jan 05, 2026
Petitioner's Reply to Respondents' Notice, Renewed Motion for Emergency Stay and Temporary Restraining Order, and Motion to Reconsider Briefing Schedule filed by Oscar Dario Gallego Osorio (Attachments: # 1 Proposed Order Judge Order) (Rivera Morales, Humberto) Modified document title on 1/5/2026 (skh). (Entered: 01/05/2026)
Main Document: Petitioner's
#13
Jan 05, 2026
RESPONSE filed by Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas re: 12 Amended MOTION for Temporary Restraining Order (Stoltz-DOJ, Brian) (Entered: 01/05/2026)
Main Document: RESPONSE
#14
Jan 06, 2026
ORDER. Because Gallego Osorio fails to show a substantial likelihood of success on the merits, the Court denies his emergency motions for TRO (Dkt. Nos. 2 ; 12 ). The Court also denies his requests to enter a stay of removal and vacate the current briefing schedule. The habeas petition (Dkt. No. 1 ) remains pending. (Ordered by Judge James Wesley Hendrix on 1/6/2026) (skh) (Entered: 01/06/2026)
Main Document: Order on Motion for TRO AND Order on Motion for TRO
#15
Jan 14, 2026
NOTICE of Attorney Appearance by Todd Alan Durden-DOJ on behalf of Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas. (Filer confirms contact info in ECF is current.) (Durden-DOJ, Todd) (Entered: 01/14/2026)
Main Document: NOTICE
#16
Jan 14, 2026
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas. (Clerk QC note: No affiliate entered in ECF). (Durden-DOJ, Todd) (Entered: 01/14/2026)
Main Document: CERTIFICATE
#17
Jan 20, 2026
RESPONSE filed by Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas re: 1 First MOTION for Writ of Habeas Corpus Prosequendum (Durden-DOJ, Todd) (Entered: 01/20/2026)
Main Document: RESPONSE
#18
Jan 20, 2026
Appendix in Support filed by Pamela Bondi, Executive Office for Immigration Review, Josh Johnson, Kristi Noem, U.S. Department of Homeland Security, Marcello Villegas re 17 Response/Objection, (Durden-DOJ, Todd) (Entered: 01/20/2026)
Main Document: Appendix
#19
Jan 23, 2026
REPLY filed by Oscar Dario Gallego Osorio re: 17 Response/Objection, (Rivera Morales, Humberto) (Entered: 01/23/2026)
Main Document: REPLY
#20
Feb 11, 2026
MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus filed by Oscar Dario Gallego Osorio (Attachments: # 1 Proposed Amendment Writ of Habeas Corpus) (Rivera Morales, Humberto) Modified document title on 2/12/2026 (skh). (Entered: 02/11/2026)
Main Document: MOTION
#21
Feb 11, 2026
Emergency MOTION for Temporary Restraining Order filed by Oscar Dario Gallego Osorio (Attachments: # 1 Proposed Order Judge Order) (Rivera Morales, Humberto) (Entered: 02/11/2026)
Main Document: Emergency MOTION
#22
Feb 11, 2026
ORDER. Because Oscar Dario Gallego Osorio's third emergency motion for a temporary restraining order (Dkt. No. 21) improperly requests the ultimate relief sought in his pending habeas petition (Dkt. No. 1), the motion is denied. Gallego Osorio's petition and motion to correct his habeas petition remain pending (Dkt. Nos. 1 & 20). (Ordered by Judge James Wesley Hendrix on 2/11/2026) (mms) (Entered: 02/11/2026)
Main Document: Order on Motion for TRO
#23
Apr 01, 2026
NOTICE of SUPPLEMENTAL AUTHORITY re: 1 First MOTION for Writ of Habeas Corpus Prosequendum filed by Oscar Dario Gallego Osorio (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B) (Rivera Morales, Humberto) (Entered: 04/01/2026)
Main Document: NOTICE
#24
Apr 09, 2026
MOTION Release from Custody or Bail re 23 Notice (Other) filed by Oscar Dario Gallego Osorio (Attachments: # 1 Declaration(s) Brief in Support Release from Custody) (Rivera Morales, Humberto) (Entered: 04/09/2026)
Main Document: MOTION
#25
Apr 13, 2026
ORDER. Before the Court is the petitioner's motion to amend his habeas petition. Dkt. No. 20 . The motion is granted. The Clerk of Court is directed to detach the amended petition (Dkt. No. 20-1) and file it as a separate docket entry in the official record of this case. (Ordered by Judge James Wesley Hendrix on 4/13/2026) (skh) (Entered: 04/13/2026)
Main Document: Order on Motion to Amend/Correct
#26
Apr 13, 2026
AMENDED COMPLAINT against Kristi Noem and Marcello Villegas filed by Oscar Dario Gallego Osorio. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (skh) (Entered: 04/13/2026)
Main Document: Amended Complaint
#27
Apr 28, 2026
ORDER. In short, Gallego Osorio, as an "applicant for admission," is properly detained without bond under Section 1225(b)(2)(A). Buenrostro-Mendez, 166 F.4th at 498. And the Due Process Clause does not require a bond hearing in these circumstances. Thus, the petition for a writ of habeas corpus (Dkt. No. 26) is denied. The motion for a temporary restraining order (Dkt. No. 24 ) is denied as moot. (Ordered by Judge James Wesley Hendrix on 4/28/2026) (skh) (Entered: 04/28/2026)
Main Document: Order of Dismissal or Administrative Closure
#28
Apr 28, 2026
FINAL JUDGMENT. For the reasons stated in the Court's order (Dkt. No. 27 ), it is ordered, adjudged, and decreed that the petition for a writ of habeas corpus (Dkt. No. 1 ) is dismissed with prejudice. The Clerk of the Court is directed to close the case. (Ordered by Judge James Wesley Hendrix on 4/28/2026) (skh) (Entered: 04/28/2026)
Main Document: Judgment
#29
Apr 28, 2026
ORDER TO SHOW CAUSE. The Court orders Rivera Morales to show cause why he has not violated: (1) the duty of candor, per Texas Disciplinary Rule 3.03 and Federal Rule 11(b); (2) the duty of competent representation, per Texas Disciplinary Rule 1.01(b) and Federal Rule 11(b); (3) the duty to cite controlling law, per Rule 11(b); and (4) the duty to avoid frivolous filings, per Texas Disciplinary Rule 3.01 and Rule 11(b). Rivera Morales must also show cause, if such violations occurred, for why he should not be sanctioned. His response must be filed on or before May 18, 2026. (Ordered by Judge James Wesley Hendrix on 4/28/2026) (skh) (Entered: 04/28/2026)
Main Document: Order to Show Cause/Order to Answer
#30
May 18, 2026
RESPONSE filed by Oscar Dario Gallego Osorio re: 29 Order to Show Cause (Attachments: # 1 Exhibit(s) Practice Advisory 12/3/2025, # 2 Exhibit(s) Practice Advisory 02/23/2026, # 3 Exhibit(s) Shepard's Citing Decisions) (Rivera Morales, Humberto) Modified document title on 5/19/2026 (skh). (Entered: 05/18/2026)
Main Document: RESPONSE
#34
Aug 28, 2026
Order
Main Document: Order