Southern District of Florida • 0:25-cv-61492
Pestana Buendia v. U.S. DEPARTMENT OF HOMELAND SECURITY
Active
Case Information
Filed: July 24, 2025
Assigned to:
Melissa Damian
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
January 07, 2026
Parties:
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Docket Entries
#1
Jul 24, 2025
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-18646552, filed by Juan David Pestana Buendia. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit A (Affidavit of Petitioner), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit F)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Rosenow, Martin) (Entered: 07/24/2025)
#2
Jul 24, 2025
Clerks Notice of Judge Assignment to Judge Melissa Damian. (ebz) (Entered: 07/25/2025)
#3
Jul 24, 2025
Summons Issued as to Todd M. Lyons, KRISTI NOEM, Garrett Ripa, U.S. DEPARTMENT OF HOMELAND SECURITY, Warden at Broward Correctional Institution, U.S. Attorney and U.S. Attorney General (ebz) (Entered: 07/25/2025)
Main Document:
Summons Issued as to USA
#4
Jul 24, 2025
Clerk's Notice of Docket Correction re 3 Summons Issued as to USA. Correction Other. Summons Issued in Error. (ebz) (Entered: 07/25/2025)
#5
Jul 24, 2025
Clerk's Notice to Filer re: Summons(es) will not be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (ebz) (Entered: 07/25/2025)
#6
Jul 25, 2025
NOTICE of Filing Proposed Summons(es) by Juan David Pestana Buendia (Attachments: # 1 Summon(s)) (Rosenow, Martin) (Entered: 07/25/2025)
Main Document:
Notice of Filing Proposed Summons(es)
#7
Jul 25, 2025
MOTION for Order to Show Cause by Juan David Pestana Buendia. (Attachments: # 1 Text of Proposed Order)(Rosenow, Martin) (Entered: 07/25/2025)
#8
Jul 25, 2025
Summons Issued as to Todd M. Lyons, KRISTI NOEM, Garrett Ripa, U.S. DEPARTMENT OF HOMELAND SECURITY, Warden Broward Transitional Center. (ebz) (Entered: 07/25/2025)
Main Document:
Summons Issued
Jul 25, 2025
Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
Jul 25, 2025
Clerk's Notice of Docket Correction - Chambers and Clerks
Jul 25, 2025
Clerk's Notice of Judge Assignment and Optional Consent
#9
Jul 30, 2025
ORDER TO SHOW CAUSE. Motion for Order to Show Cause DE 7 is GRANTED. On or before August 29, 2025, Respondents shall file a memorandum of fact and law ("Response") to show cause why the Petition should not be granted. Show Cause Response due by 8/29/2025. Signed by Judge Melissa Damian on 7/29/2025. See attached document for full details. (ebz) (Entered: 07/30/2025)
#10
Jul 30, 2025
NOTICE of Attorney Appearance by Monica L. Haddad on behalf of Todd M. Lyons, KRISTI NOEM, Garrett Ripa, U.S. DEPARTMENT OF HOMELAND SECURITY, Warden Broward Transitional Center. Attorney Monica L. Haddad added to party Todd M. Lyons(pty:res), Attorney Monica L. Haddad added to party KRISTI NOEM (pty:res), Attorney Monica L. Haddad added to party Garrett Ripa(pty:res), Attorney Monica L. Haddad added to party U.S. DEPARTMENT OF HOMELAND SECURITY(pty:res), Attorney Monica L. Haddad added to party Warden Broward Transitional Center(pty:res). (Haddad, Monica) (Entered: 07/30/2025)
Main Document:
Notice of Attorney Appearance
#11
Jul 31, 2025
CERTIFICATE OF SERVICE by Juan David Pestana Buendia re 1 Application/Petition (Complaint) for Writ of Habeas Corpus, (Attachments: # 1 Exhibit A - Delivery Confirmation)(Rosenow, Martin) (Entered: 07/31/2025)
Main Document:
Certificate of Service
#12
Jul 31, 2025
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexa S. White. Filing Fee $ 250.00 Receipt # AFLSDC-18667194 by Juan David Pestana Buendia. Responses due by 8/14/2025. (Attachments: # 1 Certification of Alexa S. White, # 2 Text of Proposed Order)(Rosenow, Martin) (Entered: 07/31/2025)
Main Document:
Appear Pro Hac Vice - aty
#13
Aug 07, 2025
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING re 12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Alexa S. White. Signed by Judge Melissa Damian on 8/6/2025. See attached document for full details. (ebz) (Entered: 08/07/2025)
Main Document:
Order on Motion to Appear Pro Hac Vice
#14
Aug 29, 2025
RESPONSE TO ORDER TO SHOW CAUSE re 9 Order on Motion for Order to Show Cause, by Todd M. Lyons, Kristi Noem, Garrett Ripa, U.S. Department of Homeland Security, Warden Broward Transitional Center. (Attachments: # 1 Exhibit I-213 Record of Deportable Alien, # 2 Exhibit Declaration of Deportation Officer Bakst, # 3 Exhibit VWP Notice of Intent to Issue a Final Administrative Removal Order, # 4 Exhibit Approval of Form I-130, # 5 Exhibit Denial of Form I-485, # 6 Exhibit Detention History, # 7 Exhibit VWP Final Administrative Removal Order)(Haddad, Monica) (Entered: 08/29/2025)
#15
Sep 01, 2025
REPLY to 14 Response to Order to Show Cause,, by Juan David Pestana Buendia. (Rosenow, Martin) (Entered: 09/01/2025)
#16
Nov 11, 2025
Statement of: Habeas Petitioner Regarding Continued Detention and Completion of Briefing by Juan David Pestana Buendia (Rosenow, Martin) (Entered: 11/11/2025)
Main Document:
Statement
#17
Nov 30, 2025
PAPERLESS ORDER Setting Hearing on Petition for Writ of Habeas Corpus [ECF No.1]. THIS MATTER is set for hearing on December 5, 2025 at 11:00 AM in Miami, Florida. Counsel for all parties shall appear in person and be prepared to address the Petition and the status of Petitioner's immigration proceedings. The hearing will be held in the James Lawrence King Federal Building, 99 NE 4th Street, Miami, Florida, 10th Floor - Courtroom 4. Motion Hearing set for 12/5/2025 11:00 AM in Miami Division before Judge Melissa Damian. Signed by Judge Melissa Damian on 11/30/2025. (MD) (Entered: 11/30/2025)
Nov 30, 2025
Order Setting Hearing on Motion
#18
Dec 04, 2025
PAPERLESS ORDER IDENTIFYING COURTROOM LOCATION. PLEASE TAKE NOTICE that the Hearing on the Petition for Writ of Habeas Corpus presently set for Friday, December 5, 2025 at 11:00 AM will be held in Courtroom 1 on the 11th Floor of the James Lawrence King Federal Justice Building, 99 N.E. Fourth Street, Miami, Florida, 33132. Signed by Judge Melissa Damian on 12/4/2025. (oco) (Entered: 12/04/2025)
#19
Dec 04, 2025
Notice of Supplemental Authority by Juan David Pestana Buendia (Attachments: # 1 Exhibit A (Opinion)) (Rosenow, Martin) (Entered: 12/04/2025)
Main Document:
Notice of Supplemental Authority
Dec 04, 2025
- Order (PAPERLESS or pdf attached)
#20
Dec 05, 2025
Notice of Attorney Appearance
Main Document:
Notice of Attorney Appearance
Dec 05, 2025
MOTION Hearing or Evidentiary Motion Hearing
#22
Dec 06, 2025
- Order (PAPERLESS or pdf attached) AND Administrative Order
#23
Dec 18, 2025
Status Report
Main Document:
Status Report
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