Middle District of Florida • 2:26-cv-00631
Alba Fernandez v. Warden, Everglades Detention Center - Florida Soft Side South
Active
Case Information
Filed: March 05, 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 01, 2026
Parties:
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Docket Entries
#1
Mar 05, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number 17416) filed by Rene Alba Fernandez. (Attachments: # 1 Cover Letter, # 2 Mailing Envelope)(LAW) (Entered: 03/09/2026)
#2
Mar 09, 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). Petitioner is also directed to serve this order on Respondents by March 16, 2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 3/27/2026. Signed by District Judge Kyle C. Dudek on 3/9/2026. (CGW) (Entered: 03/09/2026)
Main Document:
Order to show cause
#3
Mar 26, 2026
Notice of appearance
Main Document:
Notice of appearance
#4
Mar 26, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Mar 27, 2026
Response to habeas petition
Mar 30, 2026
Order on Motion to Dismiss
#8
Mar 31, 2026
Proof of Service
Main Document:
Proof of Service
#9
Mar 31, 2026
ORDER denying without prejudice 1 Petition for Writ of Habeas Corpus filed by Rene Alba Fernandez. Fernandez's due process claim under Zadvydas is not yet ripe, so the habeas petition is denied without prejudice to Fernandez refiling a new petition should his current detention exceed the six-month mark, and he can demonstrate there is no significant likelihood of removal in the reasonably foreseeable future. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the case. Signed by District Judge Kyle C. Dudek on 3/31/2026. (CGW)
#10
Apr 01, 2026
Judgment
Main Document:
Judgment
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