Active
Case Information
Filed: April 01, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
April 23, 2026
Parties:
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Docket Entries
#1
Mar 03, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24555540) filed by Agustin Pineda Cruz. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Rodriguez, Melissa) [Transferred from flmd on 4/1/2026.] (Entered: 03/03/2026)
Main Document:
PETITION
#2
Mar 04, 2026
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-00604-KCD-DNF. (JOS) [Transferred from flmd on 4/1/2026.] (Entered: 03/04/2026)
#3
Mar 04, 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 11, 2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 3/24/2026. Signed by District Judge Kyle C. Dudek on 3/4/2026. (CGW) [Transferred from flmd on 4/1/2026.] (Entered: 03/04/2026)
Main Document:
ORDER
#4
Mar 11, 2026
PROOF of service - Kristi Noem served on. (Rodriguez, Melissa)***PAGE ORIENTATION IS INCORRECT, EACH PROOF OF SERVICE TO BE FILED SEPARATELY; COUNSEL NOTIFIED*** Modified on 3/12/2026 (LD). [Transferred from flmd on 4/1/2026.] (Entered: 03/11/2026)
Main Document:
PROOF
#5
Mar 12, 2026
Notice of filing PROOF of Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Rodriguez, Melissa) Modified on 3/13/2026 to edit the docket text (MLB). [Transferred from flmd on 4/1/2026.] (Entered: 03/12/2026)
Main Document:
Notice
#6
Mar 13, 2026
NOTICE of Appearance by Amanda Saylor on behalf of Pamela Bondi, Todd Lyons, Kristi Noem, Charles Parra, Garret J. Ripa (Saylor, Amanda) [Transferred from flmd on 4/1/2026.] (Entered: 03/13/2026)
Main Document:
NOTICE
#7
Mar 13, 2026
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Pamela Bondi, Todd Lyons, Kristi Noem, Charles Parra, Garret J. Ripa. (Saylor, Amanda) [Transferred from flmd on 4/1/2026.] (Entered: 03/13/2026)
Main Document:
DISCLOSURE
#8
Mar 23, 2026
NOTICE of Appearance by Nicholas John Peter Meros on behalf of warden Florida Soft Side South (Alligator Alcatraz) (Meros, Nicholas) [Transferred from flmd on 4/1/2026.] (Entered: 03/23/2026)
Main Document:
NOTICE
#9
Mar 23, 2026
PROOF of service - Attorney General of the United States served on 3/12/2026. (MSN) [Transferred from flmd on 4/1/2026.] (Entered: 03/23/2026)
Main Document:
PROOF
#10
Mar 23, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by warden Florida Soft Side South (Alligator Alcatraz). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) Motions referred to Magistrate Judge Douglas N. Frazier. [Transferred from flmd on 4/1/2026.] (Entered: 03/23/2026)
Main Document:
MOTION
#11
Mar 24, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Pamela Bondi, Todd Lyons, Kristi Noem, Charles Parra, Garret J. Ripa. (Attachments: # 1 Exhibit A - Detention History)(Saylor, Amanda) [Transferred from flmd on 4/1/2026.] (Entered: 03/24/2026)
Main Document:
RESPONSE
#12
Mar 24, 2026
ENDORSED ORDER directing the Federal Respondents to respond to 10 the Warden's Motion to Dismiss. Response due by March 31, 2026. In doing so, they must specifically explain how their position in this case squares with the argument they routinely advance -- that the local warden is the sole proper respondent under Rumsfeld v. Padilla, 542 U.S. 426, 434-36 (2004). See, e.g., Roblero v. Warden, Florida Soft Side South, et al., No. 2:26-cv-91, Doc. 9 at 1 n.1 (M.D. Fla. 2026). Petitioner must file a response, if he wishes, by that date as well. Signed by District Judge Kyle C. Dudek on 3/24/2026. (BLW) [Transferred from flmd on 4/1/2026.] (Entered: 03/24/2026)
#13
Mar 25, 2026
ORDER transferring case to Eastern District of California, Bakersfield Division. Petitioner is confined at the California City Corrections Center in California City, California (Doc. 11), which is located in the Eastern District of California. After transfer, the Clerk is directed to CLOSE this case. Signed by District Judge Kyle C. Dudek on 3/25/2026. (CGW) [Transferred from flmd on 4/1/2026.] (Entered: 03/25/2026)
Main Document:
ORDER
#14
Mar 26, 2026
ENDORSED ORDER denying as moot 10 Warden's Motion to Dismiss because this case is being transferred to California. Signed by District Judge Kyle C. Dudek on 3/26/2026. (BLW) [Transferred from flmd on 4/1/2026.] (Entered: 03/26/2026)
#15
Apr 01, 2026
CASE TRANSFERRED IN from District of Florida Middle; Case Number 2:26-cv-00604. (Entered: 04/01/2026)
Main Document:
Case Transferred In - District Transfer
#16
Apr 01, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 04/01/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#17
Apr 01, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 04/01/2026)
Main Document:
CONSENT/DECLINE
#18
Apr 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/2/2026 DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 4 days. Petitioner may file a reply within 2 days after being served a copy of it. Parties must review this MINUTE ORDER Document, which is a scheduling order. [See attached for details.] The Court has served the 2241 petition on respondents via email at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk SH) (Entered: 04/02/2026)
Main Document:
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#19
Apr 06, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Apr 07, 2026
Service by Mail
Apr 07, 2026
Minute Order
#21
Apr 08, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#23
Apr 09, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 4/9/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted on count two based on a violation of the Immigration and Nationality Act; that Respondents be or dered to immediately release petitioner from respondents' custody; that at the time of his release, respondents shall return all of petitioner's documents and property in their custody and control; that Respondents be further directed not t o re-detain petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before animmigration judge pursuant to 8 U.S.C. § 1226(a); that the Clerk be directed to serve the California C ity Corrections Center with a copy of the Order adopting these findings and recommendations, and that this order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Referred to District Judge Dale A. Drozd. Objections due within 7 days afterbeing served with these findings and recommendations. (Deputy Clerk HAH)
Apr 09, 2026
Service by Mail
#24
Apr 15, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#25
Apr 15, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#26
Apr 23, 2026
ORDER signed by District Judge Dale A. Drozd on 4/22/2026 ADOPTING 23 Findings and Recommendations in Full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Agustin Pineda Cruz (A # unk nown by court) from custody. Respondents are ENJOINED and RESTRAINED from re-detaining petitioner unless they provide petitioner with notice and a pre-detention hearing before an immigration judge, with the burden at that hearing being set in accordance with 8 U.S.C. § 1226(a). The 19 Motion to Dismiss is DENIED, and the court is DIRECTED to enter judgment in favor petitioner and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk AMW)
#27
Apr 23, 2026
Judgment
Main Document:
Judgment
Apr 23, 2026
Service by Mail
Parties
(HC) Cruz
Party
Lyons
Party