Southern District of Florida • 1:26-cv-22429

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Apr 08, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Conrado Ernesto Diaz-Joba.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 04/08/2026)

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Apr 08, 2026

Judge Assignment to Judge K. Michael Moore (kma) (Entered: 04/08/2026)

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Apr 08, 2026

Clerks Notice of Receipt of Filing Fee received on 4/8/2026 in the amount of $ 5.00, receipt number FLS316173. (vt) (Entered: 04/08/2026)

Apr 08, 2026

Judge Assignment

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Apr 09, 2026

Order to Show Cause

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Apr 10, 2026

PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:26-cv-21822-KMM and 1:26-cv-22429-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:26-cv-21822-KMM is hereby CONSOLIDATED with Case No. 1:26-cv-22429-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:26-cv-21822-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-22429-KMM. All pending motions, if any, in Case No. 1:26-cv-21822-KMM are DENIED AS MOOT except the Petition (ECF No. 1), which remains operative in the lead case. The Clerk of Court is DIRECTED to refile Petitioner Jerome Toussaint's Petition (ECF No. 1) in the lead case, as he is pro se. The Order to Show Cause deadlines shall be as follows: (1) Respondents shall file one (1) consolidated response addressing each Petitioner on or before April 14, 2026; (2) each Petitioner shall be allowed to file a Reply within seven (7) days of Respondents' Response. All other provisions of the Order to Show Cause in the lead case (ECF No. 4), including formatting and page limit requirements, shall remain in force. Signed by Judge K. Michael Moore on 4/10/2026. (ss02) (Entered: 04/10/2026)

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Apr 10, 2026

Application/Petition (Complaint) for Writ of Habeas Corpus

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Apr 10, 2026

Administrative Order

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Apr 10, 2026

Application/Petition (Complaint) for Writ of Habeas Corpus

Apr 10, 2026

Administrative Order

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Apr 14, 2026

Response to Order to Show Cause

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Apr 30, 2026

Expedited Motion

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May 01, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondent Warden, Krome North Service Processing Center's ("Respondent") Expedited Motion to Vacate Restriction on Transfer or Removal as to Petitioner Rosbeli Manuel Barrios Perez. 10 . Therein, Respondent moves to vacate a portion of the Court's Order to Show Cause 4 that provides "Petitioner is not to be transferred until these proceedings have terminated, and therefore Respondents shall maintain Petitioner's detention within the Southern District of Florida for the pendency of the Petition[.]" 10 at 1-2. Here, Petitioner Rosbeli Manuel Barrios Perez applied "for permission to voluntarily depart the United States in lieu of being removed," and the Immigration Judge granted his application. Id. at 2. The Court finds it is proper to vacate this restriction within the Order to Show Cause 4 just as to Petitioner Rosbeli Manuel Barrios Perez. Accordingly, UPON CONSIDERATION of the Expedited Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Respondent's Motion 10 is GRANTED. The Court's Order to Show Cause (ECF No. 4) is hereby VACATED as to Petitioner Rosbeli Manuel Barrios Perez only. All provisions of the Order to Show Cause remain in force as to all other Petitioners in this action. Further, Respondents are DIRECTED to file a notice with the Court indicating when Petitioner Barrios Perez has departed the United States and their custody, so that the Court can dismiss his Petition as moot. Signed by Judge K. Michael Moore on 5/1/2026. (hyn) (Entered: 05/01/2026)

May 01, 2026

Order on Expedited Motion

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May 04, 2026

Reply to Response to Order to Show Cause

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May 04, 2026

Clerk's Notice of Docket Correction - Chambers and Clerks

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May 08, 2026

Amended Complaint/Amended Notice of Removal

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May 08, 2026

Proceed In Forma Pauperis

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Jun 02, 2026

Amended Complaint/Amended Notice of Removal

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Jun 02, 2026

Proceed In Forma Pauperis

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Jun 09, 2026

Amended Complaint/Amended Notice of Removal

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Jun 09, 2026

Proceed In Forma Pauperis

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Jun 09, 2026

Letter

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Jun 10, 2026

Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion for Leave to Proceed In Forma Pauperis

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Jun 11, 2026

Memorandum

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Jun 12, 2026

Notice of Attorney Appearance

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Jun 12, 2026

Notice (Other)

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Jun 13, 2026

Response to Order to Show Cause

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Jun 13, 2026

Response to Motion

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Jun 13, 2026

SECOND RESPONSE TO ORDER TO SHOW CAUSE re 21 Order on Motion for Leave to Proceed in forma pauperis,, by Krome North Service Processing Center, Secretary of Department of Homeland Security, U.S. Department of Homeland Seciurity, U.S. Immigration and Custom Enforcement. (ls)(See Image at DE #26) (Entered: 06/15/2026)

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Jun 15, 2026

Clerk's Notice to Filer re 26 Response to Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#27]. It is not necessary to refile this document. (ls) (Entered: 06/15/2026)

Jun 15, 2026

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

Jun 15, 2026

Response to Order to Show Cause

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Jun 16, 2026

Expedite

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Jun 16, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Notice of Movement of Petitioner 24 . Therein, the Government notifies the Court that Petitioner Jerome Toussaint was transported out of the Southern District of Florida in violation of the Court's Order to Show Cause at (ECF No. 4). 24 at 1. Upon its review of Immigration and Customs Enforcement's Detainee Locator, the Court found that Petitioner Toussaint has been returned to the Southern District of Florida. The Court DIRECTS Respondents to file a Notice on or before June 19, 2026, indicating when Petitioner Toussaint was returned to the District and explaining, in detail, the procedures and steps that led to Petitioner Toussaint being moved in violation of the Order to Show Cause 4 . Signed by Judge K. Michael Moore on 6/16/2026. (hyn) (Entered: 06/16/2026)

Jun 16, 2026

Order to Show Cause

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Jun 18, 2026

Notice of Compliance

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Jun 22, 2026

Notice (Other)

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Jun 23, 2026

PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon Respondents' Notice of Petitioner Movement. 32 . Therein, Respondents notify the Court they have moved Petitioner Jerome Toussaint out of the Southern District of Florida to Mississippi, in violation of the Court's Order to Show Cause ("OTSC") at (ECF No. 4), where the Court ordered Respondents not to move Petitioners out of the district. 32 at 1. This is the second time that Respondents have moved Petitioner Toussaint out of the district in violation of the OTSC. See (ECF Nos. 24, 30-31). Respondents' counsel notes that he "believes" Petitioner Toussaint was relocated due to "forced evacuation related to Miami-Dade brush fires." 32 at 1. The Court notes that Respondents' counsel's "belie[f]" is not sufficient to address the Court's concerns, nor does it help the Court understand why Petitioner Toussaint was moved outside of the district altogether. This is especially true because Respondents, after previously violating the OTSC, represented to the Court that "a banner was placed in ICE's case management system along with another comment to further reflect the prohibition of transfer." (ECF No. 31) at 1. Additionally, in another case before this Court where Respondents had violated a different but substantively identical court order, Respondents assured the Court that "Deportation Officers now see 'alert banners' in all habeas cases that instruct[] them 'to seek further guidance before initiating any transfer of a petitioner, thereby mitigating the risk of inadvertent transfers[.]'" Olivares Zapata v. Ripa, No. 1-26-cv-21316 (S.D. Fla. June 5, 2026), ECF No. 29 at 8. Respondents are ORDERED to SHOW CAUSE on or before June 25, 2026, as to why they should not be sanctioned for their repeated violations of the Court's Order 4 . In their response, Respondents shall at minimum address the following: (1) the reason Petitioner Toussaint was transferred, including why he was specifically transferred out of the district rather than to another facility within the district; (2) how Petitioner Toussaint could have been transferred out of the district if Respondents have really employed the banner system; (3) how the banner system works; (4) when Petitioner Toussaint will be transferred back to the Southern District of Florida; and (5) why Respondents' counsel did not know the reason Petitioner Toussaint was transferred when Respondents submitted the Notice at (ECF No. 32). Further, a Show Cause Hearing is set for June 30, 2026, at 2:00 PM before the Honorable K. Michael Moore in Courtroom 13-1 (thirteenth floor), United States Courthouse, 400 North Miami Avenue, Miami. Respondents are ORDERED to appear in person and cause to produce, in person, the body of Petitioner Toussaint at said hearing. Signed by Judge K. Michael Moore on 6/23/2026. (hyn) (Entered: 06/23/2026)

Jun 23, 2026

Order to Show Cause

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Jun 25, 2026

Response to Order to Show Cause

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Jun 29, 2026

Notice (Other)

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Jun 30, 2026

PAPERLESS Minute Entry for proceedings held before Judge K. Michael Moore: Show Cause Hearing held on 6/30/2026. Jerome Toussaint present. Hearing held. Total time in court: 30 minutes. Attorney Appearances: Timothy J. Abraham Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Associated Cases: 1:26-cv-22429-KMM, 1:26-cv-21822-KMM (iar) (Entered: 07/01/2026)

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Jul 01, 2026

Notice (Other)

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Jul 01, 2026

Notice (Other)

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Jul 01, 2026

RESPONSE to Court's June 30, 2026 Order re 36 Show Cause Hearing, by Krome North Service Processing Center, Secretary of Department of Homeland Security, U.S. Department of Homeland Seciurity, U.S. Immigration and Custom Enforcement. (ls)(See Image at DE #37) (Entered: 07/02/2026)

Jul 01, 2026

Show Cause Hearing

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Jul 02, 2026

Clerk's Notice to Filer re 37 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#39]. It is not necessary to refile this document. (ls) (Entered: 07/02/2026)

Jul 02, 2026

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

Jul 02, 2026

Response/Reply (Other)

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Jul 03, 2026

Clarification

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Jul 06, 2026

Order Setting/Resetting/Cancelling Hearing AND ~Util - Terminate Motions

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Jul 06, 2026

Order Dismissing/Closing Case or Party

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Jul 08, 2026

Notice of Attorney Appearance

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Jul 08, 2026

Continue

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Jul 08, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondent Matthew Elliston's Individual Motion to Continue Show Cause Hearing. 45 . Therein, Respondent Elliston requests that the Court continue its Show Cause Hearing, currently scheduled for July 9, 2026, until either July 16, 2026, or July 17, 2026. Id. at 1. He argues such a continuance is necessary because he has retained private counsel after being advised "that the United States Attorney's Office will not represent him in this matter," but his counsel is outside of the country on a family vacation. Id. at 2. Respondent Ellison's counsel, who is scheduled to meet him on July 13, 2026, needs time to "familiarize herself with the facts that form the basis for the Order to Show Cause; determine and secure whatever witnesses and exhibits that may be needed so as to properly present a defense to the show cause order, and perform whatever other tasks are required by her professional obligations[.]" Id. The Court finds there is good cause to continue the Show Cause Hearing. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent's Motion 45 is GRANTED. The Show Cause Hearing (ECF No. 42) as to Respondent Elliston and Attorney Timothy Abraham is continued to July 16, 2026, at 10:00 AM in Courtroom 13-1 (thirteenth floor), United States Courthouse, 400 North Miami Avenue, Miami. Signed by Judge K. Michael Moore on 7/8/2026. (hyn) (Entered: 07/08/2026)

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Jul 08, 2026

Notice of Attorney Appearance

Jul 08, 2026

Order on Motion to Continue

Jul 09, 2026

- Order (PAPERLESS or pdf attached)

Jul 10, 2026

- Order (PAPERLESS or pdf attached)