Southern District of Florida • 0:26-cv-60262
MONTIEL FERNANDEZ v. Noem
Active
Case Information
Filed: January 30, 2026
Assigned to:
Ed Artau
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
February 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 30, 2026
Second APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00. IFP Filed, filed by JOSE DEMETRIO MONTIEL FERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Iverson, David) (Entered: 01/30/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Jan 30, 2026
Clerks Notice of Judge Assignment to Judge Ed Artau. (kpe) (Entered: 01/30/2026)
#3
Jan 30, 2026
Summons Issued as to Kristi Noem, U.S. Attorney and U.S. Attorney General (kpe) (Entered: 01/30/2026)
Main Document:
Summons Issued as to USA
Jan 30, 2026
Clerk's Notice of Judge Assignment and Optional Consent
#4
Feb 11, 2026
PAPERLESS SUA SPONTE ORDER Having reviewed the record, it is unclear whether the Court has subject matter jurisdiction over this action. Therefore, the parties shall brief the Court's subject matter jurisdiction under 8 U.S.C. § 1252(b)(9), 8 U.S.C. § 1252(g), and/or any other applicable statutory provision. Additionally, because the docket entry title for the petition [ECF No. 1] indicates that this is a "second" petition for writ of habeas corpus, the parties shall also brief whether this petition is barred by res judicata and/or any other similar doctrine. The petitioner shall file his brief on or by February 18, 2026. The respondents shall file a brief on or by February 25, 2026. The petitioner may file a reply on or by March 4, 2026. Signed by Judge Ed Artau (twh) (Entered: 02/11/2026)
Feb 11, 2026
- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Deadlines
#5
Feb 12, 2026
Notice of Attorney Appearance
Main Document:
Notice of Attorney Appearance
#6
Feb 17, 2026
Notice of Attorney Appearance
Main Document:
Notice of Attorney Appearance
#7
Feb 17, 2026
Change Venue AND Dismiss/Lack of Jurisdiction
Main Document:
Change Venue AND Dismiss/Lack of Jurisdiction
#8
Feb 18, 2026
Response to Motion
Main Document:
Response to Motion
Parties
Party
Attorney
Attorney
Attorney
Firm