Middle District of Florida • 2:26-cv-00771

#1

Mar 20, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number 17453) filed by Eduardo Diaz Garcia. Chambers notified. (Attachments: # 1 Exhibits A-H and Supplemental Exhibit, # 2 Cover Letter, # 3 Civil Cover Sheet)(LAW) (Entered: 03/20/2026)

#2

Mar 20, 2026

Unopposed MOTION for Christopher P. Benischek to appear pro hac vice by Eduardo Diaz Garcia. (LAW) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 03/20/2026)

#3

Mar 20, 2026

NOTICE TO COUNSEL Christopher Paul Benischek 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: 03/20/2026)

#4

Mar 20, 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 27, 2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 4/9/2026. Signed by District Judge Kyle C. Dudek on 3/20/2026. (CGW) (Entered: 03/20/2026)

Mar 20, 2026

Notice to Counsel of Local Rule

Mar 20, 2026

***PRO HAC VICE FEES PAID (Receipt Number 17453 for $150) by attorney Christopher P. Benischek, appearing on behalf of Eduardo Diaz Garcia. Related document: 2 MOTION for Christopher P. Benischek to appear pro hac vice. (LAW)

Mar 20, 2026

Fees Paid - Pro Hac Vice

#5

Mar 27, 2026

MOTION for Emailing Order by Eduardo Diaz Garcia. (e-portal) (ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 03/27/2026)

#6

Mar 27, 2026

ENDORSED ORDER granting 5 Petitioner's Unopposed Motion for Copy of Order. The Clerk is directed to email Doc. 4 to counsel at cortez1521@icloud.com. Signed by District Judge Kyle C. Dudek on 3/27/2026. (BLW) (Entered: 03/27/2026)

#7

Mar 27, 2026

ORDER granting 2 unopposed motion for special admission of attorney Christopher P. Benischek. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/27/2026. (TLP) (Entered: 03/27/2026)

Mar 27, 2026

Order on Motion for Miscellaneous Relief

#8

Mar 28, 2026

CERTIFICATE of service by Eduardo Diaz Garcia re 1 Petition for Writ of Habeas Corpus, 4 Order to show cause. (e-portal) (LAW) (Entered: 03/31/2026)

#9

Apr 09, 2026

Response to habeas petition

#10

Apr 14, 2026

Leave to File Document

Apr 15, 2026

Order on Motion for Leave to File Document

#12

Apr 20, 2026

Proof of Service

#13

Apr 22, 2026

Reply to Response to Motion

#14

Apr 24, 2026

ORDER denying 1 Petition for Writ of Habeas Corpus, filed by Eduardo Diaz Garcia. Garcia is legally situated at the border and subject to mandatory detention under 8 U.S.C. § 1225. Because that statute provides no right to a bond hear ing, and the Due Process Clause does not step in to supply one for an arriving alien, his continued custody is lawful. The Clerk is directed to terminate any pending motions and close the case. Signed by District Judge Kyle C. Dudek on 4/24/2026. (CGW)

#15

May 18, 2026

Reconsideration / Clarification

#16

May 19, 2026

ORDER granting in part and denying in part 15 Motion to Reargue and Amend the Judgment. The Clerk is directed to reopen the case and enter judgment in Garcia's favor as per this order. The Court's prior order (Doc. 14) is VACATED. T he Government must provide Garcia with the statutory process required under § 1226, which includes a bond hearing. All other or different relief sought in the habeas petition is DENIED. Once the new judgment is entered, the Clerk is directed to again close the case. Signed by District Judge Kyle C. Dudek on 5/19/2026. (CGW)

#17

May 19, 2026

Judgment - Prisoner

#18

May 22, 2026

Notice to take judicial notice