Middle District of Florida • 2:26-cv-00464
Gomez Garcia v. Immigration & Customs Enforcement (ICE)
Active
Case Information
Filed: February 12, 2026
Assigned to:
Kyle C. Dudek
Referred to:
Douglas N. Frazier
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
April 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 12, 2026
Emergency PETITION for Writ of Habeas Corpus - FEDERAL (Filing fee $ 5 receipt number AFLMDC-24463101) filed by David Gomez Garcia. (Attachments: # 1 Civil Cover Sheet)(Arroyo, Phillip) Modified text on 2/17/2026 (LAW). (Entered: 02/12/2026)
Main Document:
Emergency PETITION
#2
Feb 12, 2026
Emergency MOTION for Temporary Restraining Order and MOTION MOTION for Preliminary Injunction by David Gomez Garcia. (Arroyo, Phillip) . Added MOTION for Preliminary Injunction on 2/12/2026 (ARL). Modified text on 2/13/2026 (MCB). (Entered: 02/12/2026)
Main Document:
Emergency MOTION
#3
Feb 12, 2026
NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Samuel J. Horovitz. New case number: 3:26-cv-298-WWB-SJH. (ARL) (Entered: 02/12/2026)
#4
Feb 17, 2026
NOTICE TO COUNSEL Phillip H. 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). (LAW) (Entered: 02/17/2026)
#5
Feb 19, 2026
ORDER transferring this case to the Fort Myers Division of this Court; directions to the Clerk. Signed by Judge Wendy W. Berger on 2/17/2026. (CAW) (Entered: 02/19/2026)
Main Document:
ORDER
#6
Feb 23, 2026
TRANSFER IN from Jacksonville Division on 02/19/2026 Case Number 3:26-cv-298. Case assigned to District Judge Dudek and Magistrate Judge Frazier. New Case Number: 2:26-cv-464-KCD-DNF. (LAW) (Entered: 02/23/2026)
#7
Feb 23, 2026
ORDER to show cause why Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) should not be granted. The Clerk of Court is DIRECTED to send a copy of this Order, the Petition, with exhibits (Doc. 1) electronically to the United States Attorney's Office in Tampa, Florida (USAFLM.Alcatraz@usdoj.gov) and by certified mail to the Attorney General of the United States in Washington, D.C (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington DC 20530-0001). The Clerk is further DIRECTED to remove the JaxP-7 flag from this case. Petitioner is also directed to serve this order on Respondents by March 2, 2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 3/16/2026. Signed by District Judge Kyle C. Dudek on 2/23/2026. (CGW) (Entered: 02/23/2026)
Feb 23, 2026
Division transfer in
#8
Mar 02, 2026
Order on Motion for Preliminary Injunction AND Order on Motion for Temporary Restraining Order
Main Document:
Order on Motion for Preliminary Injunction AND Order on Motion for Temporary Restraining Order
#9
Mar 11, 2026
Notice of appearance
Main Document:
Notice of appearance
#10
Mar 11, 2026
Notice of appearance
Main Document:
Notice of appearance
#11
Mar 16, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#12
Mar 16, 2026
Dismiss
Main Document:
Dismiss
#13
Mar 17, 2026
ENDORSED ORDER directing the Federal Respondents to respond to 12 the Warden's Motion to Dismiss. Response due by March 24, 2026. In doing so, they must specifically explain how their position in this case squares with the argument they routinely advance -- that the local warden is the sole proper respondent under Rumsfeld v. Padilla, 542 U.S. 426, 434-36 (2004). See, e.g., Roblero v. Warden, Florida Soft Side South, et al., No. 2:26-cv-91, Doc. 9 at 1 n.1 (M.D. Fla. 2026). Signed by District Judge Kyle C. Dudek on 3/17/2026. (BLW) (Entered: 03/17/2026)
Mar 17, 2026
Order directing response to motion
#14
Mar 19, 2026
Proof of Service
Main Document:
Proof of Service
#15
Mar 24, 2026
Extension of Time to File Response / Reply
Main Document:
Extension of Time to File Response / Reply
#16
Mar 25, 2026
ENDORSED ORDER granting 15 Motion for Extension of Time. By April 3, 2026, Federal Respondents will respond to the Motion to Dismiss. Signed by Magistrate Judge Douglas N. Frazier on 3/25/2026. (BRH) (Entered: 03/25/2026)
Mar 25, 2026
Order on Motion for Extension of Time to File Response / Reply
#17
Mar 26, 2026
ENDORSED ORDER denying 12 Respondent Warden's Motion to Dismiss Petition for Writ of Habeas Corpus for the reasons set forth in Jimenez v. Mordant, No. 2:26-cv-451-KCD-NPM, 2026 WL 820536 (M.D. Fla. Mar. 25, 2026). As the immediate custodian of Petitioner, Warden is a proper respondent to his habeas petition. Signed by District Judge Kyle C. Dudek on 3/26/2026. (BLW) (Entered: 03/26/2026)
Mar 26, 2026
Order on Motion to Dismiss
#18
Apr 17, 2026
Order
Main Document:
Order
Parties
Gomez Garcia
Party
Immigration & Customs Enforcement (ICE)
Party