Southern District of Florida • 1:26-cv-21316

#1

Feb 26, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19261723, filed by Alejandro Ferrer Hernandez. (Attachments: # 1 Exhibit Order of Release, # 2 Civil Cover Sheet Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Pineiro, Jannette) (Entered: 02/26/2026)

#2

Feb 26, 2026

Clerks Notice of Judge Assignment to Judge K. Michael Moore. (wce) (Entered: 02/27/2026)

#3

Feb 26, 2026

Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The Clerk has added the additional parties. It is not necessary to re-file this document. (wce) (Entered: 02/27/2026)

#4

Feb 27, 2026

Notice of Attorney Appearance

Feb 27, 2026

Clerk's Notice of Docket Correction - ELECTRONIC CASE

Feb 27, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#5

Mar 03, 2026

Order to Show Cause

#6

Mar 03, 2026

PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:26-cv-21359-KMM and 1:26-cv-21316-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:26-cv-21359-KMM is hereby CONSOLIDATED with Case No. 1:26-cv-21316-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No1:26-cv-21359-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-21316-KMM. All pending motions, if any, in Case No. 1:26-cv-21359-KMM are DENIED AS MOOT except the Petition (ECF No. 1), which remains operative in the lead case. Petitioner Elder Geovany Aguilar Perez in Case 1:26-cv-21359-KMM is DIRECTED to refile the Petition (ECF No. 1) in the lead case. The Order to Show Cause deadlines shall be as follows: (1) Respondents shall file one (1) consolidated response addressing both Petitioners on or before March 6, 2026; (2) each Petitioner shall be allowed to file a Reply within seven (7) days of Respondents' Response. All other provisions of the Order to Show Cause in the lead case (ECF No. 5), including formatting and page limit requirements, shall remain in force. Signed by Judge K. Michael Moore on 3/3/2026. (hyn) (Entered: 03/03/2026)

Mar 03, 2026

Administrative Order

#7

Mar 05, 2026

Amended Complaint/Amended Notice of Removal

#8

Mar 05, 2026

Notice of CHANGE OF ADDRESS, Email or Law Firm Name

#9

Mar 05, 2026

PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:26-cv-21432-KMM and 1:26-cv-21316-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:26-cv-21432-KMM is hereby CONSOLIDATED with Case No. 1:26-cv-21316-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:26-cv-21432-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-21316-KMM. All pending motions, if any, in Case No. 1:26-cv-21432-KMM are DENIED AS MOOT except the Petition (ECF No. 1), which remains operative in the lead case. Petitioner Jose Valentin Olivares Zapata in Case No. 1:26-cv-21432-KMM is DIRECTED to refile the Petition (ECF No. 1) in the lead case. The Order to Show Cause deadlines shall be as follows: (1) Respondents shall file one (1) consolidated response addressing each Petitioner on or before March 10, 2026; (2) each Petitioner shall be allowed to file a Reply within seven (7) days of Respondents' Response. All other provisions of the Order to Show Cause in the lead case (ECF No. 5), including formatting and page limit requirements, shall remain in force. Signed by Judge K. Michael Moore on 3/5/2026. (ss02) (Entered: 03/05/2026)

#10

Mar 05, 2026

CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jannette Pineiro re 8 Notice of Change of Address, Email or Law Firm Name. Attorney Jannette Pineiro has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 03/05/2026)

#11

Mar 05, 2026

Amended Complaint/Amended Notice of Removal

Mar 05, 2026

Clerk's Notice - Attorney Admissions

Mar 05, 2026

Administrative Order

#12

Mar 10, 2026

PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:26-cv-21527-KMM and 1:26-cv-21316-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:26-cv-21527-KMM is hereby CONSOLIDATED with Case No. 1:26-cv-21316-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:26-cv-21527-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-21316-KMM. All pending motions, if any, in Case No. 1:26-cv-21527-KMM are DENIED AS MOOT except the Petition (ECF No. 1), which remains operative in the lead case. Petitioner Yasel Garcia Martinez in Case No. 1:26-cv-21527-KMM is DIRECTED to refile the Petition (ECF No. 1) in the lead case. The Order to Show Cause deadlines shall be as follows: (1) Respondents shall file one (1) consolidated response addressing each Petitioner on or before March 12, 2026; (2) each Petitioner shall be allowed to file a Reply within seven (7) days of Respondents' Response. All other provisions of the Order to Show Cause in the lead case (ECF No. 5), including formatting and page limit requirements, shall remain in force. Signed by Judge K. Michael Moore on 3/10/2026. (hyn) (Entered: 03/10/2026)

#13

Mar 10, 2026

Response to Order to Show Cause

Mar 10, 2026

Administrative Order

#14

Mar 12, 2026

Amended Complaint/Amended Notice of Removal

#15

Mar 17, 2026

Reply to Response to Order to Show Cause

#16

Mar 19, 2026

CLERK'S NOTICE - Attorney Admissions has accepted the address and email information change requests as submitted through attorneys PACER account for attorney Jannette Pineiro re 8 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 03/19/2026)

Mar 19, 2026

Clerk's Notice - Attorney Admissions

#17

Apr 16, 2026

Expedite

#18

Apr 27, 2026

Clarification

#19

Apr 28, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Notice of Voluntary Departure Order and Motion for Clarification. 18 . Therein, Respondents contend that an Immigration Judge granted Petitioner Elder Geovany Aguilar Perez's ("Petitioner") request for voluntary departure on March 19, 2026. See id. at 1. In light of this development, Respondents "seek clarification of the status of the stay of Petitioner's transfer or removal" (ECF No. 5). See (ECF No. 18) at 2. However, Respondents indicate that the Parties failed to confer as Petitioner's counsel did not respond to an email regarding the Motion prior to the filing. See id. Local Rule 7.1(a) provides that counsel for the movant must confer with all parties in a good faith effort to resolve the issues in the motion. Accordingly, it is ORDERED AND ADJUDGED that the Motion 18 is DENIED WITHOUT PREJUDICE. The Court notes that the non-moving party's cooperation is equally required by Local Rule 7.1(a). Accordingly, Petitioner's counsel is DIRECTED to respond to Respondents' counsel's conferral efforts on or before April 30, 2026. Respondents shall be allowed to refile the Motion as of May 1, 2026, regardless of whether conferral has occurred. Signed by Judge K. Michael Moore on 4/28/2026. (ss02) (Entered: 04/28/2026)

Apr 28, 2026

Order on Motion for Clarification

#20

Apr 29, 2026

Notice of Voluntary Dismissal - aty

#21

Apr 30, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner Elder Geovany Aguilar Perez's ("Petitioner") Notice of Voluntary Dismissal of Petition for Writ of Habeas Corpus Under Title 28 U.S.C. § 2241. 20 . Therein, Petitioner seeks to voluntarily dismiss this matter and "requests that any injunctive relief be remove[d] or lifted to allow him to proceed with his voluntary departure from the United States." See id. at 1. Federal Rule of Civil Procedure 41(a)(1) 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). If dismissal is not proper under Rule 41(a)(1), "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2). Here, Respondents have filed a Response (ECF No. 13) to the Court's Order to Show Cause (ECF No. 5) and thus Petitioner cannot voluntarily dismiss his Petition (ECF No. 7) without Court order. See Fed. R. Civ. P. 41(a)(1)-(2). For the reasons described in the Notice, the Court finds that dismissal is proper in this instance to permit Petitioner to voluntary depart from the United States. See (ECF No. 20) at 1. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that this case is hereby DISMISSED WITHOUT PREJUDICE as to Petitioner Elder Geovany Aguilar Perez. The Court's Order to Show Cause (ECF No. 5) is hereby VACATED as to Petitioner Elder Geovany Aguilar Perer only. All provisions of the Order to Show Cause remain in force as to all other Petitioners in this action. Signed by Judge K. Michael Moore on 4/30/2026. (ss02) (Entered: 04/30/2026)

Apr 30, 2026

Order Dismissing/Closing Case or Party

#22

May 12, 2026

Notice of Supplemental Authority

#23

May 13, 2026

Order Dismissing/Closing Case or Party