Southern District of Florida • 1:26-cv-22479

#1

Apr 09, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (IFP Motion filed), filed by Jose Carmen Garcia Magana. (Attachments: # 1 Affidavit /Declaration of Next Friend, # 2 Exhibit, # 3 Summon(s))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 04/10/2026)

#2

Apr 09, 2026

Judge Assignment to Judge Kathleen M. Williams (kma) (Entered: 04/10/2026)

#3

Apr 09, 2026

MOTION for Leave to Proceed in forma pauperis by Jose Carmen Garcia Magana. Responses due by 4/23/2026. (kma) (Entered: 04/10/2026)

#4

Apr 09, 2026

STRICKEN EMERGENCY MOTION for Temporary Restraining Order by Jose Carmen Garcia Magana. Responses due by 4/23/2026. (kma) Modified on 4/10/2026 (cqs). Per DE 7 . (Entered: 04/10/2026)

#5

Apr 09, 2026

MOTION for Order to Show Cause by Jose Carmen Garcia Magana. Responses due by 4/23/2026. (Attachments: # 1 Text of Proposed Order)(kma) (Entered: 04/10/2026)

#6

Apr 10, 2026

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On April 9, 2026, Petitioner filed a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 ("Petition") (DE 1 ) challenging his continued confinement by immigration officials. Simultaneously with the filing of the Petition, Petitioner filed a "Motion for Order to Show Cause" ("Motion") (DE 5 ) requesting that the Court issue an order to show cause to the Respondents. Upon review of the Petition and Motion, it is ORDERED AND ADJUDGED as follows:(1) Petitioner's Motion (DE 5 ) is GRANTED solely to the extent that Respondent has been ordered to file a response to the Petition.(2) Within five (5) days of the date of entry of this Order, the Respondent SHALL file a memorandum of fact and law ("Response") to show cause why the Petition should not be granted and shall file all necessary documents for resolution of the Petition. Respondent shall provide Petitioner complete copies of all documents in support of its Response. See Fed. R. Civ.P.10(c); see also Rodriguez v. Fla. Dep't of Corr., 748 F.3d 1073 (11th Cir. 2014). (3) In its response, Respondent(s) SHALL also address the merits of Petitioner's "Emergency Motion for Temporary Restraining Order and Preliminary Injunction" ("TRO") (DE 4 ).(4) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(5) Petitioner may, but is not required to, file a Reply within ten (10) days of Respondent's Response. The Reply shall not exceed ten (10) pages and shall otherwise comply with the Court's Local Rules governing the form of filings. See S.D. Fla. R. 7.1(c); S.D. Fla. L.R. 5.1(a)(4). Signed by Judge Kathleen M. Williams on 4-10-26. (nn) Modified on 4/10/2026 (mso). (Entered: 04/10/2026)

#7

Apr 10, 2026

PAPERLESS ORDER striking Petitioner's "Motion for Temporary Restraining Order and Preliminary Injunction" ("Motion") as it suffers from several deficiencies.First, Petitioner's Motion is styled as an expedited motion requesting an order to show cause and immediate release under 28 U.S.C. § 2241. The Court notes that it has already issued an Order to Show Cause (DE 4 ), rendering this request moot. Moreover, because Petitioner has already filed a habeas petition seeking the same relief (DE 1 ), the instant Motion appears duplicative and unnecessary. Second, although Petitioner designates the Motion as "expedited," it fails to comply with Southern District of Florida Local Rule 7.1(d)(2). Accordingly, it is ORDERED AND ADJUDGED that Petitioner's Motion is STRICKEN. The Respondent need not file a response addressing the merits of the Petitioner's Motion. Should Petitioner intend to refile the Motion, he must fully cure the deficiencies outlined above no later than April 17, 2026. To the extent Petitioner seeks both a temporary restraining order and a permanent injunction, he must file those as separate motions. If Petitioner wishes to proceed solely on his habeas petition, he shall file a notice informing the Court by the same date. Signed by Judge Kathleen M. Williams on 04-06-26. (nn) (Entered: 04/10/2026)

#8

Apr 10, 2026

ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 4/10/2026. See attached document for full details. (ls) (Entered: 04/10/2026)

#9

Apr 10, 2026

ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $ 5.00. USM Service NOT Ordered. Signed by Judge Kathleen M. Williams on 4/10/2026. See attached document for full details. (ls) (Entered: 04/10/2026)

#10

Apr 10, 2026

CLERK'S NOTICE of Compliance re 9 Order on Motion for Leave to Proceed in forma pauperis. (ls) (Entered: 04/10/2026)

#11

Apr 10, 2026

NOTICE of Attorney Appearance by Payton William Henry Poliakoff on behalf of Field Office Director, ICE and Removal Operations, Miami Federal Detention Center, Miami Field Office, U.S. Department of Homeland Security. Attorney Payton William Henry Poliakoff added to party Field Office Director(pty:dft), Attorney Payton William Henry Poliakoff added to party ICE and Removal Operations(pty:dft), Attorney Payton William Henry Poliakoff added to party Miami Federal Detention Center(pty:dft), Attorney Payton William Henry Poliakoff added to party Miami Field Office(pty:dft), Attorney Payton William Henry Poliakoff added to party U.S. Department of Homeland Security(pty:dft). (Poliakoff, Payton) (Entered: 04/10/2026)

Apr 10, 2026

Order on Motion for Temporary Restraining Order

Apr 10, 2026

Judge Assignment

Apr 10, 2026

- Order (PAPERLESS or pdf attached)

Apr 10, 2026

Clerk's Notice (Other) with Optional Ad Hoc NEF

#12

Apr 15, 2026

Response to Order to Show Cause

#13

Apr 22, 2026

Reply to Response to Order to Show Cause

#14

Apr 22, 2026

Notice (Other)

#15

Apr 28, 2026

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On April 9, 2026, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his continued detention by immigration officials. (DE 1 .) On April 10, 2026, the Court entered an Order requiring Respondent to file a response to the Petition. (DE 6 .) On April 15, 2026, Respondent filed a Response (DE 12 ). In the Response, Respondent advises that the Petition is moot because Petitioner was released on bond on April 14, 2026. (Id. at 1). Because Petitioner has already been released from custody, which is the very relief he sought in his habeas petition. Any request for habeas relief is now moot. See e.g., Mehmood v. United States Att'y Gen., 808 F. App'x 911, 913 (11th Cir. 2020) ("[Petitioner's] petition for habeas corpus seeks relief from immigration detention, and that is relief we simply cannot provide because he is no longer detained by ICE"); Hypolite v. Ripa, No. 22-cv-23597, 2022 WL 17477534, at *1 (S.D. Fla. Nov. 17, 2022) (dismissing habeas petition as moot where petitioner was released from ICE custody pending removal proceedings); Revan v. Mukasey, No. 08-20289, 2008 WL 3992291, at *2 (S.D. Fla. Aug. 27, 2008) ("Because [Petitioner] has now been released, the relief he requests, release from ICE custody, is no longer available and cannot be redressed by a favorable judicial decision."). Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Petition for Writ of Habeas Corpus (DE 1 ) is DISMISSED AS MOOT;2. All pending motions not otherwise ruled upon are DISMISSED AS MOOT'3. The Clerk SHALL close this case. Signed by Judge Kathleen M. Williams (nn) (Entered: 04/28/2026)

#16

Apr 28, 2026

Notice (Other)

Apr 28, 2026

~Util - Terminate Civil Case

Apr 28, 2026

Civil Case Terminated. Closing Case. Per DE 15 . (cqs)

Apr 28, 2026

- Order (PAPERLESS or pdf attached)

#17

May 06, 2026

Alter Judgment AND Clarification

#18

May 13, 2026

Response in Opposition to Motion

#19

May 15, 2026

Notice (Other)