Northern District of Florida • 4:26-cv-00165

MONTILLA GRATEROL v. IMMIGRATION AND CUSTOMS ENFORCEMENT

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Case Information

Filed: April 08, 2026
Assigned to: T. Kent Wetherell II
Referred to: Martin A. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 23, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 26, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Xiomar Javier Montilla Graterol. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(pcs) [Transferred from Florida Southern on 4/8/2026.] (Entered: 03/26/2026)
Main Document: APPLICATION/PETITION
#2
Mar 26, 2026
Judge Assignment to Judge Roy K. Altman (pcs) [Transferred from Florida Southern on 4/8/2026.] (Entered: 03/26/2026)
#3
Mar 26, 2026
Clerks Notice of Receipt of Filing Fee received on 3/26/2026 in the amount of $ 5.00, receipt number 10194 (pcs) [Transferred from Florida Southern on 4/8/2026.] (Entered: 03/26/2026)
Main Document: Clerks
#4
Mar 31, 2026
MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus, MOTION to Change Venue by Department of Homeland Security, Immigration and Customs Enforcement. Attorney Carlos Javier Raurell added to party Department of Homeland Security(pty:dft), Attorney Carlos Javier Raurell added to party Immigration and Customs Enforcement(pty:dft). Responses due by 4/14/2026. (Raurell, Carlos) [Transferred from Florida Southern on 4/8/2026.] (Entered: 03/31/2026)
Main Document: MOTION
#5
Apr 08, 2026
Order: The Clerk of Court shall TRANSFER this case to the United States District Court for the Northern District of Florida, Tallahassee Division. Closing Case. Motions terminated: 4 MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus MOTION to Change Venue filed by Department of Homeland Security, Immigration and Customs Enforcement. Signed by Judge Roy K. Altman on 4/8/2026. See attached document for full details. (pc) [Transferred from Florida Southern on 4/8/2026.] (Entered: 04/08/2026)
Main Document: Order:
#6
Apr 08, 2026
Case transferred in from District of Florida Southern; Case Number 1:26-cv-22050. Original file certified copy of transfer order and docket sheet received. (Entered: 04/08/2026)
Main Document: Case
#7
Apr 08, 2026
Notice to Pro Se. Mailed to XIOMAR JAVIER MONTILLA GRATEROL,A249-206-620,CALL FIELD OFFICE,12499 POGO ST,BRISTOL, FL 32321. (kdm) (Entered: 04/08/2026)
Main Document: Notice
Apr 08, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, 3 Clerks Notice of Receipt of Filing Fee received, 4 MOTION to Dismiss for Lack of Jurisdiction, 5 Order. Referred to MIDORI A LOWRY. (kdm)
#8
Apr 09, 2026
ORDER re 1 Petition for Writ of Habeas Corpus. The Clerk shall send Petitioner the form for filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, after writing this case number and the words "Amended Petition" on the form. The form should be sent to Petitioner at both his address of record, and to the address from which the petition was originally mailed (see ECF No. 1 at 16): Xiomar Montilla, 303 South Ave, Apt. B, Fort Walton Beach, FL 32547-3724. (Amended Petition due by 5/11/2026). Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 4/9/2026. (atm) - order and form sent as directed. (Entered: 04/09/2026)
Main Document: ORDER
#9
Apr 09, 2026
ORDER re 1 -2 Exhibit to APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 4/9/2026. The clerk shall therefore seal the attachments to the habeas petition (ECF No. 1 -2) as authorized under Federal Rule of Civil Procedure 5.2(d). (kdm) (Entered: 04/10/2026)
Main Document: ORDER
#10
Apr 15, 2026
ORDER AMENDING CASE ASSIGNMENT (Magistrate). Signed by CHIEF JUDGE ALLEN C WINSOR on 11/5/2025. (kdm) (Entered: 04/15/2026)
Main Document: ORDER
Apr 15, 2026
MAGISTRATE JUDGE MARTIN A FITZPATRICK added. MAGISTRATE JUDGE MIDORI A LOWRY no longer assigned to case - per the filing of - 10 ORDER AMENDING CASE ASSIGNMENT. (kdm)
Apr 15, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 8 ORDER re 1 Petition for Writ of Habeas Corpus. (kdm)
#11
Apr 21, 2026
NOTICE of Appearance by LENNARD B REGISTER, III on behalf of CALL FIELD OFFICE, DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT (REGISTER, LENNARD) (Entered: 04/21/2026)
Main Document: NOTICE
#12
Apr 22, 2026
Mail Returned as Undeliverable (RETURN TO SENDER; INSUFFICIENT ADDRESS; UNABLE TO FORWARD). Notice of Return mail Letter and Notice of Change of Address form Forwarded to XIOMAR JAVIER MONTILLA GRATEROL A249-206-620, CALL FIELD OFFICE, 12499 POGO ST, BRISTOL, FL 32321 Re: 8 ORDER re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Notice of Returned Mail Letter) (akc) (Entered: 04/22/2026)
Main Document: Mail
#13
Apr 22, 2026
Mail Returned as Undeliverable (RETURN TO SENDER; INSUFFICIENT ADDRESS; UNABLE TO FORWARD). Re: 9 ORDER re 1 -2 Exhibit to APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus. Notice of Return mail Letter and Notice of Change of Address form Forwarded to XIOMAR JAVIER MONTILLA GRATEROL A249-206-620, CALL FIELD OFFICE, 12499 POGO ST, BRISTOL, FL 32321 Re: 8 ORDER re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Notice of Returned Mail Letter) (akc) (Entered: 04/22/2026)
Main Document: Mail
Apr 22, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 13 Mail Returned, 12 Mail Returned. (akc)
Apr 22, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 11 Notice of Appearance. (baf)
#14
Apr 23, 2026
ORDER - The Clerk of Court shall file a copy of this Order in Petitioner's second habeas case - case number 4:26cv167-TKW-MAF. The Clerk of Court shall update Petitioner's address on the docket to reflect Petitioner is held at the Liberty County Jail, 12499 Pogo Street, Bristol, FL 32321. The Clerk of Court shall send Petitioner another copy of the two Orders, ECF Nos. 8 - 9, which were recently returned as undeliverable, see ECF Nos. 12 - 13, as well as a printed copy of the docket sheet for this case. Petitioner has until 5/15/2026, to file either an amended habeas petition or a notice of voluntary dismissal under Rule 41. The Clerk of Court shall send Petitioner a § 2241 habeas petition so that Petitioner can file the amended petition. The Clerk of Court shall return this file upon Petitioner's compliance with this Order, or no later than 5/15/2026. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 4/23/2026. (baf) (Address updated on the docket. ECF No. 8 and 9 sent by mail to the updated address. 2241 habeas petition packet sent by mail.) (Entered: 04/23/2026)
Main Document: ORDER

Parties

IMMIGRATION AND CUSTOMS ENFORCEMENT
Party
MONTILLA GRATEROL
Party