Southern District of Florida • 1:26-cv-21018
Salazar-Arias v. Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement
Completed
Case Information
Filed: February 16, 2026
Assigned to:
Kevin Michael Moore
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: March 17, 2026
Last Activity:
March 17, 2026
Parties:
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Docket Entries
#1
Feb 16, 2026
Application/Petition (Complaint) for Writ of Habeas Corpus
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Feb 16, 2026
Clerks Notice of Judge Assignment to Judge K. Michael Moore. (gqa) (Entered: 02/17/2026)
#3
Feb 17, 2026
Summons Issued as to USA
Main Document:
Summons Issued as to USA
#4
Feb 17, 2026
Emergency Motion with Certification of Emergency
Main Document:
Emergency Motion with Certification of Emergency
Feb 17, 2026
Clerk's Notice of Judge Assignment and Optional Consent
#5
Feb 20, 2026
Order on Emergency Motion with Certification of Emergency
Main Document:
Order on Emergency Motion with Certification of Emergency
#6
Feb 23, 2026
Notice of Attorney Appearance
Main Document:
Notice of Attorney Appearance
#7
Feb 26, 2026
Extension of Time to File Response/Reply/Answer
Main Document:
Extension of Time to File Response/Reply/Answer
#8
Feb 27, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondent's Unopposed Motion for an Extension of Time. 7 . Therein, Respondent seeks an extension of seven (7) days to file its Response to the Petition (ECF No. 1). See (ECF No. 7) at 1-2. In support thereof, Respondent asserts that it has scheduled Petitioner for a bond hearing on March 3, 2026, and thus seeks to address "whether Petitioner was released pursuant to a bond" in its Response. See id. Respondent contends that "the case will be moot" if Petitioner is granted a bond. Id. at 1. Petitioner does not oppose the requested relief. Id. at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 7 is GRANTED. Respondent shall file its Response to the Petition (ECF No. 1) on or before March 5, 2026. Signed by Judge K. Michael Moore on 2/27/2026. (ss02) (Entered: 02/27/2026)
#9
Feb 27, 2026
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
Feb 27, 2026
Order on Motion for Extension of Time to File Response/Reply/Answer
#10
Mar 02, 2026
Notice of Attorney Appearance
Main Document:
Notice of Attorney Appearance
#11
Mar 05, 2026
Response to Habeas Petition
Main Document:
Response to Habeas Petition
#12
Mar 10, 2026
Extension of Time to File Response/Reply/Answer
Main Document:
Extension of Time to File Response/Reply/Answer
#13
Mar 11, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Unopposed Motion for Extension of Time to File Reply Memorandum. 12 . Therein, Petitioner seeks an extension of seven (7) days to reply to Respondent's Return to Emergency Verified Petition for Writ of Habeas Corpus ("Response") (ECF No. 11) as Petitioner "believes that this case might become moot soon." (ECF No. 12) at 2. In support thereof, Petitioner asserts that an Immigration Judge ("IJ") granted her bond on February 19, 2026, but the Department of Homeland Security ("DHS") rejected Petitioner's brother's attempts to pay the bond. Id. On March 10, 2026, the IJ again granted Petitioner bond and "noted that he would be dismissing the newly commenced removal proceedings instituted by DHS after he had granted bond the first time." Id. Petitioner thus "hopes that [DHS] will honor the bond order this time, and that this case will end up moot thereafter." Id. at 3. Respondent does not oppose the requested relief. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 12 is GRANTED. Petitioner shall file her reply to the Response (ECF No. 11) on or before March 19, 2026. Signed by Judge K. Michael Moore on 3/11/2026. (ss02) (Entered: 03/11/2026)
Mar 11, 2026
Order on Motion for Extension of Time to File Response/Reply/Answer
#14
Mar 16, 2026
Notice of Voluntary Dismissal - aty
Main Document:
Notice of Voluntary Dismissal - aty
#15
Mar 17, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Notice of Voluntary Dismissal Without Prejudice. 14 . Therein, Petitioner seeks to voluntarily dismiss this matter without prejudice pursuant to Federal Rule of Civil Procedure 41(a) because she "was released from immigration custody after posting a bond which the Department of Homeland Security honored this time," thus making her Petition (ECF No. 1) moot. (ECF No. 14) at 1. Rule 41(a) allows a plaintiff to voluntarily dismiss a claim (1) prior to a defendant's filing of an answer or a motion for summary judgment, or (2) by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). Here, the Notice is only signed by Petitioner and Respondents have filed a Response. See (ECF Nos. 11, 14). Accordingly, Petitioner's Notice is hereby STRICKEN for failure to comply with Rule 41(a). Nevertheless, the Court must have jurisdiction over a case before it. "Article III of the Constitution limits the jurisdiction of federal courts to 'cases' and 'controversies,' and the justiciability doctrine's main components include mootness." Djadju v. Vega, 32 F.4th 1102, 1106 (11th Cir. 2022) (cleaned up and citation omitted). "The doctrine of mootness derives directly from the case or controversy limitation because 'an action that is moot cannot be characterized as an active case or controversy.'" Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002) (citation omitted). A case is moot "when it no longer presents a live controversy with respect to which the court can give meaningful relief." Id. (citation omitted). "If events that occur subsequent to the filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant meaningful relief, then the case is moot and must be dismissed." Al Najjar v. Ashcroft, 273 F.3d 1330, 1336 (11th Cir. 2001). Here, the Petition alleged that Petitioner's detention was unlawful pursuant to 28 U.S.C. § 2241. See generally (ECF No. 1). As Petitioner is no longer detained, the Court no longer has jurisdiction over this case because it no longer presents a live controversy. See (ECF No. 14). Accordingly, this case is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/17/2026. (ss02) (Entered: 03/17/2026)
Mar 17, 2026
Order Dismissing/Closing Case or Party AND Order Striking
Parties
Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement
Party
Salazar-Arias
Party