Southern District of Florida • 1:26-cv-22541

#1

Apr 13, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Henry Alfonso Chavez Pineda. (Attachments: # 1 Declaration of Next Friend and Exhibits)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 04/13/2026)

#2

Apr 13, 2026

Judge Assignment to Judge Kathleen M. Williams (kma) (Entered: 04/13/2026)

#3

Apr 13, 2026

Emergency Motion for Hearing by Henry Alfonso Chavez Pineda. Responses due by 4/27/2026. (kma) (Entered: 04/13/2026)

#4

Apr 13, 2026

Clerks Notice of Receipt of Filing Fee received on 4/13/2026 in the amount of $ 5.00, receipt number FLS 316284 (asz) (Entered: 04/13/2026)

#5

Apr 13, 2026

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On April 13, 2026, Next Friend Deysi Janet Aquino ("Next Friend") filed a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 ("Petition") (DE 1 ) on behalf of Petitioner Henry Alfonso Chavez Pineda ("Petitioner") challenging his continued confinement by immigration officials. Upon review of the Petition, it is ORDERED AND ADJUDGED as follows:(2) Within five (5) days of the date of entry of this Order, the Respondent(s) 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(s) shall provide Petitioner complete copies of all documents in support of their Response. See Fed. R. Civ. P. 10(c); see also Rodriguez v. Fla. Dep't of Corr., 748 F.3d 1073 (11th Cir. 2014). (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 4-13-2026. (nn) (Entered: 04/13/2026)

#6

Apr 13, 2026

ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 4/13/2026. See attached document for full details. (ls) (Entered: 04/13/2026)

#7

Apr 13, 2026

NOTICE of Attorney Appearance by Kimberly Marie Montgomery on behalf of Miami Federal Detention Center, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Attorney Kimberly Marie Montgomery added to party Miami Federal Detention Center(pty:dft), Attorney Kimberly Marie Montgomery added to party U.S. Department of Homeland Security(pty:dft), Attorney Kimberly Marie Montgomery added to party U.S. Immigration and Customs Enforcement(pty:dft). (Montgomery, Kimberly) (Entered: 04/13/2026)

Apr 13, 2026

- Order (PAPERLESS or pdf attached)

Apr 13, 2026

Clerk's Receipt (combines Filing Fee and Partial Filing Fee)

Apr 13, 2026

Judge Assignment

#8

Apr 14, 2026

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On April 13, 2026, Next Friend Deysi Janet Aquino ("Next Friend") filed a Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241 on behalf of Petitioner Henry Alfonso Chavez Pineda ("Petitioner"). The Court immediately entered an Order to Show Cause (DE 5 ), setting forth a briefing schedule and ordering Respondents to not transfer or otherwise move Petition during the pendency of this case. Petitioner, through his Next Friend, simultaneously filed a "Motion for Emergency Hearing" ("Motion") (DE 3 ) requesting that a hearing on the Petition be held as soon as possible because Petitioner has a "Master Calendar Hearing in immigration court scheduled for April 24, 2026." (Id. at 1.) That Motion suffers from several deficiencies. First, although Petitioner designates the Motion as an "emergency," he fails to comply with Southern District of Florida Local Rule 7.1(d)(2) regarding the filing of such motions. Second, an evidentiary hearing is not required if Petitioner's allegations or claims are "affirmatively contradicted by the record." See Hernandez v. United States, 778 F.3d 1230, 1232 (11th Cir. 2015) (quotation marks and citation omitted). At this juncture, Petitioner's motion is premature as Respondents have not filed their response to the Petition. On this record, the Court is unable to determine whether an evidentiary hearing would help Petitioner prevail on his claims. Thus, denial of the Motion is warranted, without prejudice to Petitioner's ability to renew this request [following receipt of the Response]. See San Martin v. McNeil, 633 F.3d 1257, 1271-72 (11th Cir. 2011) (finding district court did not abuse its discretion in denying an evidentiary hearing where there was no reason to believe an evidentiary hearing would help the petitioner prevail on his claims). Accordingly, upon review of the Motion, the Petition, pertinent portions of the record and applicable law, it is ORDERED AND ADJUDGED that the Motion (DE 3 ) is DENIED without prejudice. After the Respondent files its response to the Petition, if Petitioner chooses to do so, he may refile the Motion, but must fully cure the deficiencies outlined above. Signed by Judge Kathleen M. Williams on 4/14/2026. (nn) (Entered: 04/14/2026)

Apr 14, 2026

Order on Motion for Hearing

#9

Apr 16, 2026

Response to Order to Show Cause

#10

Apr 20, 2026

Reply to Response to Order to Show Cause

#11

Apr 20, 2026

Miscellaneous Relief

#12

Apr 30, 2026

Notice of CHANGE OF ADDRESS, Email or Law Firm Name

#13

May 01, 2026

Order Dismissing/Closing Case or Party

#14

May 08, 2026

Notice (Other)