Middle District of Florida • 6:26-cv-00169
Guaiquire v. Warden, Orange County Jail (Orange County)
Terminated
Case Information
Filed: January 23, 2026
Assigned to:
Roy Bale Dalton Jr.
Referred to:
Robert M. Norway
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Terminated: February 04, 2026
Last Activity:
February 13, 2026
Parties:
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Docket Entries
#1
Jan 23, 2026
PETITION for Writ of Habeas Corpus - FEDERAL filed by Daniela Guaiquire. (Attachments: # 1 Civil Cover Sheet)(Arroyo, Phillip) (Entered: 01/23/2026)
#2
Jan 23, 2026
NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Robert M. Norway. New case number: 6:26-cv-00169-RBD-RMN. (JOS) (Entered: 01/23/2026)
#3
Jan 23, 2026
ENDORSED ORDER GRANTING the request for a Temporary Restraining Order in 1 PETITION for Writ of Habeas Corpus limited to preserving the status quo to the extent that Respondents are DIRECTED not to remove Petitioner from the Orange County Jail in the Middle District of Florida effective immediately pending further Order. The remainder of the petition is under consideration. Written Order to follow. Petitioner's counsel is DIRECTED to serve a copy of this Endorsed Order on Respondents, as soon as possible by any means practicable in light of the fact that Respondents have not yet appeared. Counsel is DIRECTED to notify the Court once he has done so. Signed by Judge Roy B. Dalton, Jr. on 1/23/2026. (OG) (Entered: 01/23/2026)
#4
Jan 23, 2026
ORDER GRANTING request for Temporary Restraining Order re 1 Petition. Respondents and those in privity with them are hereby TEMPORARILY RESTRAINED AND ENJOINED from moving Petitioner Daniela Emilia Guaiquire out of the Orange County Jail until further order of the Court. No bond is required as the Court deems it unnecessary. This TRO expires on Friday, January 30, 2026, at 11:59 p.m. unless extended. The United States Marshal Service is DIRECTED to serve a copy of the Petition and this Order on Respondents no later than Monday, January 26, 2026, and to notify the Court that service has been effected. The Clerk is DIRECTED to electronically send a copy of this Order to the U.S. Attorney's Office in Orlando, Florida, as soon as practicable. Respondents are DIRECTED to respond in writing to the Petition by Tuesday, January 27, 2026, at noon, and show cause why the Court should not issue an injunction. This matter is SET for an Evidentiary hearing on Wednesday, January 28, 2026, at 8:30 a.m. in Courtroom 4A of the Orlando Federal Courthouse. Petitioner's presence is REQUIRED at the hearing. The Court ISSUES a Writ of Habeas Corpus Ad Testificandum: See Order for details. The Clerk is DIRECTED to serve copies of the above-issued Writ on: a) The Orange County Jail/Warden's Office at michele.carpentieree@ocfl.net; b) The Orange County Sheriff's Office - Legal Services at so-as-legalservices@ocsofl.com and OCCDRecords@ocfl.net; and c) The United States Marshal Service. An interpreter's services are REQUIRED at the hearing. Signed by Judge Roy B. Dalton, Jr. on 1/23/2026. (OG) (Entered: 01/23/2026)
Main Document:
Order
Jan 23, 2026
Order
Jan 23, 2026
Case Assigned/Reassigned
#5
Jan 24, 2026
NOTICE of hearing: Evidentiary Hearing set for 1/28/2026 at 08:30 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Petitioner's presence is required. (EAM) (Entered: 01/24/2026)
#6
Jan 24, 2026
NOTICE by Daniela Guaiquire Notice of Transfer (Arroyo, Phillip) (Entered: 01/24/2026)
Main Document:
Notice (Other)
#7
Jan 24, 2026
MOTION for Miscellaneous Relief, specifically EMERGENCY MOTION TO ORDER THE RETURN OF PETITIONER TO THE MIDDLE DISTRICT OF FLORIDA by Daniela Guaiquire. (Arroyo, Phillip) Motions referred to Magistrate Judge Robert M. Norway. (Entered: 01/24/2026)
Main Document:
Miscellaneous Relief
#8
Jan 24, 2026
AMENDED WRIT of Habeas Corpus ad Testificandum issued. Signed by Judge Roy B. Dalton, Jr. on 1/24/2026. (OG) (Entered: 01/24/2026)
Main Document:
Order
#9
Jan 24, 2026
ENDORSED ORDER DENYING 7 MOTION to Order the Return of Petitioner to the Middle District of Florida as moot in light of 8 AMENDED WRIT. Signed by Judge Roy B. Dalton, Jr. on 1/24/2026. (OG) (Entered: 01/24/2026)
Jan 24, 2026
Notice of Hearing
Jan 24, 2026
Order on Motion for Miscellaneous Relief
#10
Jan 26, 2026
NOTICE TO COUNSEL Phillip Arroyo of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (WLB) (Entered: 01/26/2026)
#11
Jan 26, 2026
NOTICE TO COUNSEL Phillip Arroyo of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (WLB) (Entered: 01/26/2026)
#12
Jan 26, 2026
Notice of Lead Counsel Designation
Main Document:
Notice of Lead Counsel Designation
Jan 26, 2026
Notice to Counsel of Local Rule
#13
Jan 27, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#14
Jan 27, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
#15
Jan 27, 2026
Reply to response to petition
Main Document:
Reply to response to petition
#16
Jan 27, 2026
NOTICE of Filing Supplemental Authority
Main Document:
NOTICE of Filing Supplemental Authority
#17
Jan 28, 2026
Minute Entry. In Person Proceedings held before Judge Roy B. Dalton, Jr.: Evidentiary Hearing held on 1/28/2026. Court Reporter: Amie First. (Interpreter/Language: Mike Zogby/ Spanish) (EAM) (Entered: 01/28/2026)
Main Document:
Evidentiary Hearing
#18
Jan 28, 2026
ENDORSED ORDER memorializing the Court's oral ruling. The 1 PETITION for Writ of Habeas Corpus is GRANTED. Respondents are DIRECTED to immediately release Petitioner. Respondents are PERMANENTLY RESTRAINED AND ENJOINED from detaining Petitioner under 8 U.S.C. § 1225. Respondents are TEMPORARILY RESTRAINED AND ENJOINED from detaining Petitioner under 8 U.S.C. § 1226(a) until at least Monday, February 9, 2026. Nothing in this Order prevents Respondents from re-detaining Petitioner at any time under 8 U.S.C. § 1226(c), if warranted. Written order to follow. Signed by Judge Roy B. Dalton, Jr. on 1/28/2026. (OG) (Entered: 01/28/2026)
Jan 28, 2026
Order
#20
Feb 04, 2026
JUDGMENT entered in favor of Petitioner against Respondents (Signed by Deputy Clerk) (JG) (Entered: 02/04/2026)
Main Document:
Judgment - Prisoner
#21
Feb 11, 2026
Transcript
Main Document:
Transcript
Feb 13, 2026
Order
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