Southern District of Georgia • 5:25-cv-00073

#1

Jun 02, 2025

PETITION FOR WRIT OF HABEAS CORPUS - filed by NELSON FERNANDEZ AVILES. Attachment # 1 Envelope) (tlp). Modified on 6/2/2025 to renumber entry and to add envelope (tlp). (Entered: 06/02/2025)

#2

Jun 02, 2025

ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (tlp) Modified on 6/2/2025 to renumber entry (tlp). (Entered: 06/02/2025)

Jun 02, 2025

Case REASSIGNED to US MAGISTRATE JUDGE CHARLES H WEIGLE. US MAGISTRATE JUDGE AMELIA G HELMICK no longer assigned to the case. (tlp)

Jun 26, 2025

***DISREGARD - Motion to Proceed IFP received*** Notice of Deficiency (related document: 1 Petition for Writ of Habeas Corpus filed by NELSON FERNANDEZ AVILES ); You must either pay the filing fee or submit a properly completed motion to proceed in forma pauperis within 21 days from the date of this notice. Failure to comply with this notice may result in dismissal by the court. An application to proceed without prepayment of fees and affidavit are enclosed.(esl) Modified on 6/27/2025 to add *** (NOD was not mailed) (esl).

#3

Jun 27, 2025

MOTION for Leave to Proceed in forma pauperis Filed by NELSON FERNANDEZ AVILES. (Attachments: # 1 Account Certification, # 2 Trust Account Statement, # 3 Envelope). Motion(s) referred to CHARLES H WEIGLE.(esl) (Entered: 06/27/2025)

#4

Jun 27, 2025

NOTICE to the Court by NELSON FERNANDEZ AVILES re 1 Petition for Writ of Habeas Corpus (Copy of 6/25/2021 letter from Torres Law Firm to USCIS with attachments - scanned as received.) (Attachments: # 1 Envelope)(esl) (Entered: 06/27/2025)

#5

Jul 23, 2025

ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the Southern District of Georgia, Waycross Division. Ordered by US MAGISTRATE JUDGE CHARLES H. WEIGLE on 7/23/2025 (tlf). (Entered: 07/23/2025)

#6

Jul 23, 2025

Case transfer in from District of Georgia Middle; Case Number 4:25-cv-00166. Case transferred electronically (Entered: 07/23/2025)

#7

Jul 23, 2025

Transfer NOTICE. (pts) (Entered: 07/23/2025)

Jul 23, 2025

Case electronically transferred out to the Southern District of Georgia, Waycross Division. All documents, including a certified copy of the docket sheet and pleading were transferred electronically. **The Notice of Electronic Filing serves as certification for these transferred documents.**Case Transfer Acknowledgment deadline 7/25/2025 (tlf).

Jul 23, 2025

MOTIONS REFERRED: 3 (pts)

#8

Jul 25, 2025

ORDER granting 3 Motion for Leave to Proceed in forma pauperis, subject to objection. Signed by Magistrate Judge Benjamin W. Cheesbro on 7/25/2025. (gmh) (Entered: 07/25/2025)

#9

Jul 25, 2025

ORDER Directing USMS Service of Process of this Order and the 1 Petition for Writ of Habeas Corpus filed by Nelson Fernandez Aviles. Signed by Magistrate Judge Benjamin W. Cheesbro on 7/25/2025. (Attachments: # 1 USM 285 - Attorney General, # 2 USM 285 - Respondent, # 3 USM 285 - Civil Process Clerk) (gmh)

Jul 25, 2025

Set/Reset Deadlines: Compliance re printing of USM packets due by 7/28/2025. (gmh)

#10

Aug 13, 2025

U.S. Marshal Return as to Immigration and Customs Enforcement, on 8/12/2025 - Refused no name (pts) (Entered: 08/13/2025)

#11

Aug 13, 2025

U.S. Marshal Return as to Immigration and Customs Enforcement, on 8/12/2025 - Civil Process Clerk (pts) (Entered: 08/13/2025)

#12

Aug 25, 2025

MOTION for Extension of Time, by Immigration and Customs Enforcement. Responses due by 9/8/2025. (Attachments: # 1 Text of Proposed Order)(Loebl, Michael) (Entered: 08/25/2025)

Aug 25, 2025

MOTIONS REFERRED: 12 MOTION for Extension of Time. (csr)

#13

Sep 02, 2025

ORDER granting 12 Motion for Extension of Time. Response due 9/8/2025. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/2/2025. (pts) (Entered: 09/02/2025)

Sep 02, 2025

Set/Reset Deadlines: Response to Petition due by 9/8/2025. (pts)

#14

Sep 08, 2025

MOTION to Dismiss by Immigration and Customs Enforcement. Responses due by 9/22/2025. (Attachments: # 1 Exhibit 1 - Declaration of Melissa Lobossierre w attachs, # 2 Exhibit 2 - IJ Bond Order)(Loebl, Michael) (Entered: 09/08/2025)

Sep 09, 2025

MOTIONS REFERRED: 14 MOTION to Dismiss (thb)

#15

Sep 11, 2025

U.S. Marshal Return Executed as to Attorney General Executed on 08/11/2025. Modified on 9/11/2025 (jlh). (Entered: 09/11/2025)

#16

Sep 15, 2025

Mail Returned as Undeliverable. Mail re 13 Order sent to Nelson Fernandez Aviles on 09/02/2025. (jlh) (Entered: 09/15/2025)

#17

Oct 07, 2025

ORDER TO SHOW CAUSE. The Court ORDERS Petitioner to show cause why the Court should not grant Respondent's 14 Motion as unopposed and dismiss this cause of action based on Petitioner's failure to follow this Court's Orders and Local Rules on or before 10/17/2025. In addition, Petitioner has potentially failed to notify the Court, in writing, of a change in his address. Thus, the Court also ORDERS Petitioner to SHOW CAUSE within 14 days of this Order why his Petition should not be dismissed. (Show Cause Response due by 10/21/2025.) Signed by Magistrate Judge Benjamin W. Cheesbro on 10/7/2025. (amd) (Entered: 10/07/2025)

#21

Nov 12, 2025

ORDER ADOPTING 19 Report and Recommendations, granting 14 Motion to Dismiss filed by Immigration and Customs Enforcement. The petition is dismissed without prejudice. The Clerk is directed to enter judgment and close this case. Signed by Judge Lisa G. Wood on 11/12/2025. (pts)