District of Puerto Rico • 3:26-cv-01122

Aguilar-Linares v. Lyons

Completed

Case Information

Filed: March 03, 2026
Assigned to: Giselle M. Lopez-Soler
Referred to: Giselle M. Lopez-Soler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Completed: April 23, 2026
Last Activity: April 23, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 03, 2026
***FILED IN ERROR WRONG EVENT-Document was re-filed in D.E. # 4 .*** COMPLAINT against All Defendants ( Filing fee $405 receipt number APRDC-9415248.), filed by YULIANNY DESIRE AGUILAR-LINARES. Service due by 6/1/2026,(Bird-Serrano, Jorge) Modified on 3/3/2026. (arg). (Entered: 03/03/2026)
Main Document: Complaint
#2
Mar 03, 2026
***FILED IN ERROR WRONG CASE. INSTRUCTIONS IN THE NOTICE FROM THE CLERK No. 25-09 CM/ECF ELECTRONIC PAYMENT OF 2025 ANNUAL BAR MEMBERSHIP RENEWAL FEE. COUNSEL SHALL FILE IN CASE NO. 25-MC-09999-CLK*** Attorney Annual Fee paid for Attorney Jorge Bird-Serrano, Bar Number 302912, in the amount of $75, receipt number APRDC-9415398. (Bird-Serrano, Jorge) Modified on 3/3/2026 (rim). (Entered: 03/03/2026)
#3
Mar 03, 2026
Emergency MOTION for Temporary Restraining Order filed by Jorge Bird-Serrano on behalf of YULIANNY DESIRE AGUILAR-LINARES. Responses due by 3/17/2026. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Bird-Serrano, Jorge) (Entered: 03/03/2026)
Main Document: Temporary Restraining Order
#4
Mar 03, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number APRDC-9415616.), filed by YULIANNY DESIRE AGUILAR-LINARES. Service due by 6/1/2026,(Bird-Serrano, Jorge) (Entered: 03/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#5
Mar 03, 2026
MEMORANDUM OF THE CLERK. This civil case was opened in CM/ECF on 03/03/2026. As per the Petition for Writ of Habeas Corpus (see, Docket No. 1), counsel inadvertently submitted a Filing Fee of $405, Receipt number APRDC-9415248. This matter has been referred to the Finance Section for reimbursement. Signed by Clerk on 03/03/2026. (ft) (Entered: 03/03/2026)
#6
Mar 03, 2026
NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Aida M. Delgado-Colon. (arg) (Entered: 03/03/2026)
Mar 03, 2026
Notice of Judge Assignment
Mar 03, 2026
Memorandum of the Clerk
Mar 03, 2026
Attorney Annual Fee
#7
Mar 04, 2026
Order AND Order Referring Case to Magistrate Judge
Main Document: Order AND Order Referring Case to Magistrate Judge
#8
Mar 04, 2026
ORDER. Evidentiary Hearing set for 3/16/2026 at 9:30 a.m. in Hato Rey Courtroom 5 before US Magistrate Judge Giselle Lopez-Soler. Signed by US Magistrate Judge Giselle Lopez-Soler on 3/4/2026. (CIO) (Entered: 03/04/2026)
Mar 04, 2026
Order AND ~Util - Set Hearings
#9
Mar 12, 2026
Issuance of Summons
Main Document: Issuance of Summons
#10
Mar 13, 2026
ORDER granting 9 Motion for Issuance of Summons. The US Marshals are ORDERED to serve expedited issuance of summons and the presiding District Judge's Order to Show Cause at Docket No. 7 . The US Marshals are also ordered to notify the scheduling of the Evidentiary Hearing set for 3/16/2026 at 9:00 a.m. Signed by US Magistrate Judge Giselle Lopez-Soler on 3/13/2026. (CIO) (Entered: 03/13/2026)
#11
Mar 13, 2026
Summons Issued
Main Document: Summons Issued
Mar 13, 2026
Order on Motion for Issuance of Summons
#12
Mar 16, 2026
Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Evidentiary Hearing held on 3/16/2026.Present on behalf of Petitioner was Attorney Jorge Bird-Serrano. No appearance was made on behalf of Respondent. The Court began by noting that the motion at Dkt. No. 9 had been granted. Attorney Bird advised that he intends to proceed with service of summons today. The Court further noted that the Temporary Restraining Order (TRO) is set to expire on March 18, 2026. Counsel informed that Petitioner had been transferred to a detention facility in Miami, Florida, the day before the entry of the TRO, and that the Department of Homeland Security (DHS) effectuated the transfer in the absence of an order from the Court. Accordingly, the Court deemed the TRO filed at Dkt. No. 3 moot, but the Petition remains pending. Furthermore, Attorney Bird advised that the Court may proceed with the hearing in Petitioner's absence. After hearing from Petitioner's counsel, the Court ordered the government's counsel to show cause on or before March 23, 2026, as to why the petition should not be granted. Further Evidentiary Hearing set for 3/24/2026 09:00 AM in Hato Rey Courtroom 1 before US Magistrate Judge Giselle Lopez-Soler. The U.S. Marshal and the Bureau of Prisons are directed to bring the Petitioner for the evidentiary hearing scheduled for March 24, 2026.(Court Reporter DCR Courtroom 5.) (Hearing held in Hato Rey Courtroom 5.) Hearing set for 09:30. Hearing held at 09:42. Hearing ended at 09:48. (tlv) Modified on 3/17/2026 to update text (tlv). (Entered: 03/17/2026)
#13
Mar 17, 2026
Notice of Appearance
Main Document: Notice of Appearance
Mar 17, 2026
Evidentiary Hearing AND ~Util - Set Deadlines/Hearings
#14
Mar 18, 2026
Submitting
Main Document: Submitting
Mar 19, 2026
Notice of Docket Text Modification
Mar 19, 2026
NOTICE of Docket Text Modification by Deputy Clerk re: 14 MOTION Submitting Proof of Service. ***FILED IN ERROR: Lacking electronic signature (S/). To be re-filed.*** (idg)
#15
Mar 20, 2026
Submitting
Main Document: Submitting
#16
Mar 23, 2026
MOTION to Dismiss/Lack of Jurisdiction and Vacate TRO and Evidentiary Hearing Orders at ECF Nos. 7 and 12, Respectively as to Todd Lyons, Kristi Noem, Garrett J. Ripa, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement filed by David O. Martorani-Dale on behalf of All Defendants. Responses due by 4/6/2026. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit 1. Transfer to Florida, # 2 Exhibit 2. Transfer to Michigan)(Martorani-Dale, David) (Entered: 03/23/2026)
Main Document: Dismiss/Lack of Jurisdiction
#17
Mar 23, 2026
Memorandum in Opposition
Main Document: Memorandum in Opposition
#18
Mar 23, 2026
Leave to File Document
Main Document: Leave to File Document
#19
Mar 23, 2026
Expedite
Main Document: Expedite
#20
Mar 24, 2026
Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Evidentiary Hearing held on 3/24/2026. Present on behalf of Petitioner was Atty. Jorge Bird-Serrano, on behalf of Respondent were Attys. David Martorani-Dale and Denisse Longo. The case was called for an evidentiary hearing; however, the Court heard arguments on the Governments Motion to Dismiss first. The Government conceded that the Motion to Dismiss at Docket No. 16 is MOOT because the Court has jurisdiction to adjudicate the instant petition as Petitioner was in Puerto Rico at the time when the petition was filed. The Government now seeks a change of venue to the Western District Court of Michigan, where Petitioner is currently detained. Counsel for Petitioner opposed the request for transfer and argued that the case should proceed before this Court. After hearing from the parties, the Court ordered as follows: (1) the Government will facilitate service on Petitioner's immediate custodian in Michigan; (2) the Petitioner will file a response to the Government's request for change of venue by March 26, 2026; and (3) the Government may file a reply by March 27, 2026, limited to no more than seven (7) pages. The parties informed that substantive arguments pertaining to the petition have been submitted and that the case is submitted for disposition on the papers. There is thus no need for an evidentiary hearing. The parties consented to Magistrate Judge jurisdiction for all further proceedings, including for the entry of judgment. (CIO) (Entered: 03/24/2026)
Mar 24, 2026
Evidentiary Hearing AND ~Util - Set Deadlines/Hearings
#21
Mar 25, 2026
Reply to Motion
Main Document: Reply to Motion
#22
Mar 27, 2026
ORDER. Given the parties consent to the trial jurisdiction of Magistrate Judge Lopez-Soler (Minute entry at ECF No. 20), the case should be transferred to the trial docket of Magistrate Judge Lopez-Soler for all further proceedings including the entry of judgment. Signed by Judge Aida M. Delgado-Colon on 3/27/2026.(wm) (Entered: 03/27/2026)
#23
Mar 27, 2026
MEMORANDUM OF THE CLERK: By Order of Judge Aida M. Delgado-Colon (Docket No. 22), this case has been referred within the Case Assignment System to U.S. Magistrate Judge Giselle Lopez-Soler for all further proceedings, including entry of judgment. All future pleadings shall bear only the initials of the Magistrate Judge next to the case number: Civil Case No. 26-1122(GLS). Judge Delgado-Colon is no longer assigned to this case. Signed by Clerk on 03/27/2026. (gr) (Entered: 03/27/2026)
#24
Mar 27, 2026
Memorandum in Opposition
Main Document: Memorandum in Opposition
Mar 27, 2026
Memorandum of the Clerk
Mar 27, 2026
Order Reassigning Case
#25
Apr 01, 2026
ORDER. The Government conceded that the Court had jurisdiction. See Docket No. 20 . Petitioner effected service on the United States Attorney's Office for the District of Puerto Rico, and, during the hearing, the Government expressed that it would assist with service on Petitioner's immediate custodian in Michigan. The Court notes, however, that Fed. R. Civ. P. 4(i) also requires service on the Attorney General, Pam Bondi, and the record contains no evidence that such service has been completed. Accordingly, the Court ORDERS Petitioners counsel to clarify, no later than April 7, 2026, whether the Attorney General has been properly served. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/1/2026. (CIO) (Entered: 04/01/2026)
Apr 01, 2026
Order AND ~Util - Set Deadlines/Hearings
#26
Apr 02, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
#27
Apr 07, 2026
ORDER. On the record, the Government committed to personally assist with serving Petitioner's immediate custodian in Michigan. The Government is ORDERED to inform the Court, by no later than April 9, 2026, whether the summons has been served, so that the Court can confirm it has personal jurisdiction over Petitioner's immediate custodian in the event it grants the petition. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/7/2026. (CIO) (Entered: 04/07/2026)
Apr 07, 2026
Order AND ~Util - Set Deadlines/Hearings
#28
Apr 09, 2026
ORDER noted 15 Motion submitting. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/9/2026. (CIO) (Entered: 04/09/2026)
#29
Apr 09, 2026
ORDER granting 18 Motion for Leave to File. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/9/2026. (CIO) (Entered: 04/09/2026)
#30
Apr 09, 2026
In Compliance
Main Document: In Compliance
Apr 09, 2026
Order on Motion Submitting
Apr 09, 2026
Order on Motion for Leave to File
#31
Apr 15, 2026
ORDER noted 30 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/15/2026. (CIO) (Entered: 04/15/2026)
#32
Apr 15, 2026
Opinion and Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions
Main Document: Opinion and Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions
Apr 15, 2026
Order on Motion In Compliance
#33
Apr 16, 2026
Alter Judgment AND Amend/Correct
Main Document: Alter Judgment AND Amend/Correct
#34
Apr 16, 2026
ORDER re 33 MOTION to Alter Judgment Under Rule 59(e) of the Fed. R. Civ. P.MOTION to Amend/Correct Under Rule 59(e) of the Fed. R. Civ. P. Re: 32 Opinion and Order. The Court is perplexed by the Government's failure to inform of this warrant prior to today. This case was filed more than one month ago, and the Government was allowed plenty of opportunities to inform the Court of this warrant. Indeed, Petitioner argued that a warrant had not been issued, and the Government failed to argue otherwise. The Court will amend its Opinion and Order to provide the correct remedy under the statute now that the Government has provided evidence of the warrant, but not because it made a "manifest error of law," as argued by the Government. The Government's failure to put the Court in a position to properly evaluate the facts of the case is inexcusable and demonstrates a total disregard of judicial resources. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/16/26. (Lopez-Soler, Giselle) (Entered: 04/16/2026)
#35
Apr 16, 2026
Opinion and Order AND ~Util - Set Deadlines/Hearings
Main Document: Opinion and Order AND ~Util - Set Deadlines/Hearings
#36
Apr 16, 2026
ORDER finding as moot 33 MOTION to Alter Judgment Under Rule 59(e) of the Fed. R. Civ. P.MOTION to Amend/Correct Under Rule 59(e) of the Fed. R. Civ. P. Re: 32 Opinion and Order. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/16/2026. (CIO) (Entered: 04/16/2026)
Apr 16, 2026
Order
Apr 16, 2026
Order AND ~Util - Terminate Motions
#37
Apr 22, 2026
In Compliance
Main Document: In Compliance
#38
Apr 22, 2026
ORDER noted 37 Motion In Compliance. Judgment to be entered accordingly. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/22/2026. (CIO) (Entered: 04/22/2026)
Apr 22, 2026
Order on Motion In Compliance
#39
Apr 23, 2026
JUDGMENT. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/23/2026. (CIO) (Entered: 04/23/2026)
Main Document: Judgment