Southern District of Florida • 1:26-cv-21032

Rodriguez Lopez v. Noem

Completed

Case Information

Filed: February 17, 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: February 18, 2026
Last Activity: February 18, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 17, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus . Filing fee $ 5.00 receipt number AFLSDC-19225596, filed by Yosvany Rodriguez Lopez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, Order of Release of Recognizance, # 3 Exhibit Exhibit B, Interim Guidance Regarding Detention Authority)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Corona, Carolina) (Entered: 02/17/2026)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Feb 17, 2026
Clerks Notice of Judge Assignment to Judge K. Michael Moore. (kpe) (Entered: 02/17/2026)
#3
Feb 17, 2026
MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, MOTION to Change Venue by Pamela Bondi, Kevin Guthrie, Todd M. Lyons, Kristi Noem, Garrett J. Ripa. Attorney Carlos Javier Raurell added to party Pamela Bondi(pty:dft), Attorney Carlos Javier Raurell added to party Kevin Guthrie(pty:dft), Attorney Carlos Javier Raurell added to party Todd M. Lyons(pty:dft), Attorney Carlos Javier Raurell added to party Kristi Noem(pty:dft), Attorney Carlos Javier Raurell added to party Garrett J. Ripa(pty:dft). Responses due by 3/3/2026. (Raurell, Carlos) (Entered: 02/17/2026)
Main Document: Change Venue AND Dismiss/Lack of Jurisdiction
Feb 17, 2026
Clerk's Notice of Judge Assignment and Optional Consent
#4
Feb 18, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Motion to Dismiss or Transfer Action. 3 . Therein, Respondents seek to dismiss Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1) or to transfer the case to the Middle District of Florida because Petitioner seeks to challenge "his detention in the custody of Immigration and Customs Enforcement at the Florida Soft Side Detention Facility in Collier, Florida, commonly known as 'Alligator Alcatraz.'" (ECF No. 3) at 1. Respondents assert that Collier County is in the Middle District of Florida and as such, this Court lacks jurisdiction to rule on the Petition. Id. at 1-2. "[J]urisdiction for § 2241 petitions lies only in the district of confinement." Garcia v. Warden, 470 F. App'x 735, 736 (11th Cir. 2012) (citing Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004)). Here, Petitioner is confined in Collier County, which is outside this District. See 28 U.S. Code § 89(b). Thus, Petitioner has filed this action in the wrong District. As the Court will dismiss this case without prejudice, Petitioner may refile his Petition in the appropriate forum: the Middle District of Florida. 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 3 is GRANTED. 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 2/18/2026. (ss02) (Entered: 02/18/2026)
Feb 18, 2026
Order Dismissing/Closing Case or Party

Parties

Noem
Party
Rodriguez Lopez
Party