Southern District of Florida • 0:25-cv-60459

#2

Mar 10, 2025

Judge Assignment to Judge Roy K. Altman (kma) (Entered: 03/11/2025)

#1

Mar 11, 2025

Application/Petition (Complaint) for Writ of Habeas Corpus

#3

Mar 11, 2025

Consolidate Cases

Mar 11, 2025

Judge Assignment

#4

Mar 12, 2025

Clerk's Receipt (combines Filing Fee and Partial Filing Fee)

#5

Mar 13, 2025

Application/Petition (Complaint) for Writ of Habeas Corpus

#6

Mar 13, 2025

Miscellaneous Relief

#7

Mar 14, 2025

Clerk's Receipt (combines Filing Fee and Partial Filing Fee)

#8

Mar 18, 2025

Order on Motion for Miscellaneous Relief AND Order on Motion to Consolidate Cases

#9

Mar 18, 2025

- Order (PAPERLESS or pdf attached)

#10

Mar 18, 2025

- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Deadlines

#11

Mar 19, 2025

Notice of Attorney Appearance

#12

Mar 25, 2025

Appoint Counsel

#13

Mar 25, 2025

PAPERLESS ORDER denying without prejudice Davronbek Buriev's 12 Motion for Appointment of Counsel, in which Buriev also asks us to hold an evidentiary hearing on the issues in his petition. See Motion [ECF No. 12] at 13 ("[T]he Court should conduct the requested hearing and grant this motion."). First, Buriev's request for an evidentiary hearing is premature because the Government hasn't responded to Buriev's petition; so, for now, we won't grant a hearing. See, e.g., Davis v. Bowen, 2024 WL 2059753, at *1 (M.D. Ga. Apr. 29, 2024) (Weigle, Mag. J.) ("Petitioner's motion for an evidentiary hearing is premature at this stage of the proceeding. Because the petition has not yet been through preliminary review and the respondent has not had the chance to respond, Petitioner's motion for an evidentiary hearing is denied."). Second, at this time, we won't appoint Buriev a lawyer. "There is no constitutional right to counsel in federal habeas proceedings," Nieves v. Sec'y, Dep't of Corr., 853 F. App'x 368, 371 n.2 (11th Cir. 2021) (citation omitted), though we may appoint a lawyer where "the pro se litigant needs help presenting the essential merits of his... position to the court," Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). Buriev's already shown in several pro se briefs that he's "capable of adequately presenting the essential merits of his position" to us. Nieves, 853 F. App'x at 371 n.2. If it "becomes apparent at some point later in these proceedings that counsel should be appointed for [Buriev]" -- for instance, if we find that an evidentiary hearing is warranted -- then we'll "entertain a renewed motion for counsel." Robinson v. Berry, 2020 WL 990008, at *3 (M.D. Ga. Feb. 28, 2020) (Land, C.J.) (cleaned up). For these two reasons, we DENY the Motion without prejudice. One last thing. We noticed that Buriev's Certificate of Service was signed by a "Rakhmatulla Asatov" "for Davronbek Buriev." Motion at 17. Under our Local Rules, "[t]he filing of any pleading, written motion, or other paper shall constitute an appearance by the person who signs such paper unless the paper specifies otherwise." S.D. Fla. L.R. 11.1(d) (emphasis added). Buriev says that Asatov is his "friend" and "representative in [his] deportation proceedings" and "has so far done an excellent job in protecting [Buriev's] rights in his representative capacity[.]" Id. at 15. Asatov also appears to be fluent in Uzbek, as he "translated" Buriev's affidavit into English. Id. at 16. If Asatov is Buriev's lawyer and a member of this Court's bar, he must file a notice of appearance on the docket. Otherwise, Asatov may not sign Buriev's documents on his behalf as Buriev's legal representative. See 28 U.S.C. § 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel[.]" (emphasis added)); S.D. Fla. L.R. 4(a) ("Only members of this Court's bar may appear as attorneys before the Court, except when the Court permits an appearance pro hac vice."); Franklin v. Garden State Life Ins., 462 F. App'x 928, 930 (11th Cir. 2012) ("The right to appear pro se... is limited to those parties conducting 'their own cases' and does not apply to persons representing the interests of others." (quotation omitted)). Signed by Judge Roy K. Altman on 3/25/2025. (gan) (Entered: 03/25/2025)

Mar 25, 2025

Order on Motion to Appoint Counsel

#14

Apr 07, 2025

Response to Order to Show Cause

#15

May 02, 2025

PAPERLESS ORDER directing the Respondents to update us with the status of Davronbek Buriev's removal proceedings. In their 14 Response to our Order to Show Cause, the Respondents said that, after an asylum officer found that Buriev had a "credible fear of persecution" if returned to Uzbekistan, Buriev was "placed in removal proceedings," and a hearing was "scheduled for April 28, 2025." Response [ECF No. 14] at 2-3. The Respondents are ORDERED to inform us of the outcome of that hearing by May 5, 2025. In the future, the Respondents must also file a Status Report on the docket within three (3) days of any material change in Buriev's immigration proceedings. The Clerk shall administratively CLOSE the case. Signed by Judge Roy K. Altman on 5/2/2025. (gan) (Entered: 05/02/2025)

#16

May 02, 2025

Status Report

May 02, 2025

- Order (PAPERLESS or pdf attached)

May 02, 2025

~Util - Terminate Civil Case

May 02, 2025

Civil Case Terminated. Per DE# 15 . Closing Case. (cqs)

#17

May 20, 2025

Status Report

#18

Jun 03, 2025

Status Report

#19

Jun 18, 2025

Status Report

#20

Aug 11, 2025

ORDER, ( Responses due by 8/14/2025.) Signed by Judge Roy K. Altman on 8/11/2025. See attached document for full details. (cqs) (Entered: 08/12/2025)

#21

Aug 13, 2025

RESPONSE to 20 Order, Set/Reset Deadlines/Hearings Concerning Mootness by Broward Transitional Center, U.S. Immigration and Customs Enforcement. (Geiger, Brett) (Entered: 08/13/2025)

#22

Sep 26, 2025

ORDER Denying the Petition. Signed by Judge Roy K. Altman on 9/26/2025. See attached document for full details. (ksr) .