Southern District of Florida • 1:26-cv-22264

#1

Apr 01, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19377709, filed by CRUZ MIGUEL FRANCISCO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - ORR, # 3 Exhibit B - NTA, # 4 Exhibit C - I 589 Receipt Notice, # 5 Exhibit D - Order Admn Closure, # 6 Exhibit E - DHS Motion, # 7 Exhibit F - No File, # 8 Exhibit G - ICE Detainee Locator, # 9 Summon(s) Garret Ripa, # 10 Summon(s) Kristi Noem, # 11 Summon(s) Pamela Bonda, # 12 Summon(s) Warden)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Bonilla, Isai) (Entered: 04/01/2026)

#2

Apr 01, 2026

Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (pc) (Entered: 04/01/2026)

#3

Apr 01, 2026

Summons Issued as to Pamela Jo Bondi, Miami FDC, KRISTI NOEM, Garret Ripa, and U.S. Attorney General (pc) Modified text on 4/1/2026 (pc). (Entered: 04/01/2026)

#4

Apr 01, 2026

MOTION for Order to Show Cause by CRUZ MIGUEL FRANCISCO. Responses due by 4/15/2026. (Bonilla, Isai) (Entered: 04/01/2026)

#5

Apr 01, 2026

PAPERLESS ORDER striking 1 Petition for Writ of Habeas Corpus. On April 1, 2026, Petitioner filed his Petition for Writ of Habeas Corpus ("Petition"), [ECF No. 1], challenging his detention pursuant to 28 U.S.C. § 2241. However, federal law requires that a habeas petition be "signed and verified by the person for whose relief it is intended or by someone acting in his behalf." 28 U.S.C. § 2242 (emphasis added). As such, Local Rule 88.2 provides that habeas petitions filed under 28 U.S.C. § 2241 must "be signed under penalty of perjury by [the] petitioner" or "by a person authorized to sign it" on the petitioner's behalf. S.D. Fla. L.R. 88.2(a) (alteration added). The Petition is deficient because it was not signed under penalty of perjury, as required by statute and Local Rule 88.2. To properly verify his application, federal law requires Petitioner or someone acting on his behalf to write, "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct" followed by their signature. 28 U.S.C. § 1746 (emphasis added). Because the Petition is not properly verified, it is facially deficient. See McFarland v. Scott, 512 U.S. 849, 856 (1994) (recognizing courts are authorized to dismiss a habeas petition that appears legally insufficient on its face). Accordingly, the Petition, [ECF No. 1], is hereby STRICKEN. Petitioner has until April 15, 2026 to file an amended petition that comports with federal law and the Local Rules. Petitioner's failure to timely file an amended petition or otherwise comply with this Order will result in dismissal of this case without prejudice. This case shall be administratively CLOSED pending the refiling of an amended petition, and Petitioner's Motion for Issuance of Order to Show Cause, [ECF No. 4], is DENIED AS MOOT. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2026. (adn) (Entered: 04/01/2026)

Apr 01, 2026

Administrative Order AND Order Striking

Apr 01, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#6

Apr 02, 2026

First AMENDED COMPLAINT Amended Petition for Writ of Habeas Corpus against All Defendants, filed by CRUZ MIGUEL FRANCISCO.(Bonilla, Isai) (Entered: 04/02/2026)

#7

Apr 02, 2026

Notice of Attorney Appearance

#8

Apr 07, 2026

Administrative Order

#9

Apr 08, 2026

Response to Order to Show Cause

#10

Apr 09, 2026

Notice (Other)