Terminated
Case Information
Filed: February 06, 2026
Assigned to:
Gregory A. Presnell
Referred to:
Daniel C. Irick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Terminated: February 10, 2026
Last Activity:
February 20, 2026
Parties:
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Docket Entries
#1
Feb 06, 2026
Emergency PETITION for Writ of Habeas Corpus - FEDERAL (Filing fee $ 5 receipt number AFLMDC-24433230) filed by Jose Isaias Cruz. (Attachments: # 1 Civil Cover Sheet)(Arroyo, Phillip) (Entered: 02/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 06, 2026
NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Daniel C. Irick. New case number: 6:26-cv-304-GAP-DCI. (RPB) (Entered: 02/06/2026)
#3
Feb 06, 2026
ENDORSED ORDER granting Petitioner's 1 Emergency Verified Motion for Temporary Restraining Order (Doc. 1). Respondents are hereby temporarily restrained and enjoined from moving Petitioner Jose Isaias Cruz out of the Orange County Jail until further order of the court. See Garcia v Quinones. et al, 6:26-cv-181-GAP-DCI Doc. 6 (M.D. Fla. Jan. 26, 2026).With respect to the Petition for Writ of Habeas Corpus (Doc. 1) the Court finds that:(1)Jose Isaias Cruz is in custody under or by color of the authority of the United States, i.e., Immigration and Customs Enforcement (ICE); and(2)Cruz's detention is likely unlawful.Therefore, it is ORDERED that the United States Government by its Agent ICE shall show cause in writing by 12:00 PM on February 10, 2026, why the Writ should not be granted. In its response, the Government must specify the legal basis for Cruz's detention; specifically, why his detention is not governed by 8 U.S.C. § 1226. Furthermore, take notice that a hearing on this matter is scheduled for 1:00 PM on February 12, 2026, before the undersigned.Respondents are ordered to produce Cruz in person at the hearing.The clerk is directed to serve a copy of the Petition (Doc. 1) and this order to ICE: Attention Assistant Field Office Director at MIAAOR-Habeas-DG@ice.dhs.gov, the Office of the United States Attorney by certified mail at 400 West Washington Street, Suite 3100, Orlando, FL 32801 and by email USAFLM.Orlando2241@usdoj.gov, Orange County Jail/Warden's Office by email michele.carpentiere@ocfl.net, Orange County Sheriff's Office - Legal Services by emails irmpickupdesk@ocfl.net, so-as-legalservices@ocsofl.com and OCCDRecords@ocfl.net, certified mail to Kristi Noem, Secretary, Office of the General Counsel, United States Department of Homeland Security, 2707 Martin Luther King, Jr. Ave, SE, Washington, DC 20528; Garrett Ripa, Miami Field Office Director, United States Immigration and Customs Enforcement, 865 SW 78th Avenue, Suite 101, Plantation, FL 33324; United States Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001 and United States Marshals at usms-mfl-orl@usdoj.gov.Signed by Judge Gregory A. Presnell on 2/6/2026. (BTM) (Entered: 02/06/2026)
#4
Feb 06, 2026
INITIAL CASE ORDER - Notice of pendency of other actions and Disclosure Statement due within 14 days. Signed by Judge Gregory A. Presnell on 2/6/2026. (AKC) (Entered: 02/06/2026)
Main Document:
Interested Persons Order
Feb 06, 2026
Set Motion and R&R deadlines/hearings - PUBLIC
Feb 06, 2026
Case Assigned/Reassigned
Feb 06, 2026
Set/reset deadlines as to Motion Hearing (TRO) set for 2/12/2026 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (AKC)
Feb 06, 2026
Order
#5
Feb 08, 2026
NOTICE of Appearance by Amanda Saylor on behalf of Department Homeland Security, Immigration & Customs Enforcement (ICE), Krome Detention Center, Kristi Noem, Louis Quinones, Jr (Saylor, Amanda) (Entered: 02/08/2026)
Main Document:
Notice of appearance
#6
Feb 08, 2026
MOTION to Dismiss for Lack of Jurisdiction by Department Homeland Security, Immigration & Customs Enforcement (ICE), Krome Detention Center, Kristi Noem, Louis Quinones, Jr. (Attachments: # 1 Exhibit A - EARM Detention History, # 2 Exhibit B - Order Colina v. Quinones)(Saylor, Amanda) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 02/08/2026)
Main Document:
Dismiss / Lack of Jurisdiction
#7
Feb 09, 2026
Response to order to show cause
Main Document:
Response to order to show cause
#8
Feb 10, 2026
Notice (Other)
Main Document:
Notice (Other)
#9
Feb 10, 2026
Order on Motion to Dismiss / Lack of Jurisdiction
#10
Feb 10, 2026
NOTICE canceling Temporary Restraining Order hearing scheduled for February 12, 2026. Case was dismissed as moot on 2/10/26. (AKC) (Entered: 02/10/2026)
Feb 10, 2026
Notice of Hearing - Cancel
#11
Feb 13, 2026
Proof of Service
Main Document:
Proof of Service
#12
Feb 20, 2026
Proof of Service
Main Document:
Proof of Service
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