Southern District of Florida • 1:26-cv-22946

Aleman Lopez v. U.S. Department of Homeland Security

Active

Case Information

Filed: April 27, 2026
Assigned to: Kevin Michael Moore
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: July 07, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 27, 2026
Application/Petition (Complaint) for Writ of Habeas Corpus
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Apr 27, 2026
Judge Assignment to Judge K. Michael Moore (kma) (Entered: 04/27/2026)
#3
Apr 27, 2026
MOTION for Leave to Proceed in forma pauperis by Cristian Josue Aleman Lopez. Responses due by 5/11/2026. (kma) (Entered: 04/27/2026)
Main Document: Proceed In Forma Pauperis
Apr 27, 2026
Judge Assignment
#4
Apr 28, 2026
ORDER TO SHOW CAUSE. Respondent's Response due on or before May 1, 2026. Signed by Judge K. Michael Moore on 4/28/2026. See attached document for full details. (ss02) (Entered: 04/28/2026)
Main Document: Order to Show Cause AND ~Util - Terminate Motions
#5
Apr 28, 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-22891-KMM and 1:26-cv-22946-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:26-cv-22891-KMM is hereby CONSOLIDATED with Case No. 1:26-cv-22946-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:26-cv-22891-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-22946-KMM. All pending motions, if any, in Case No. 1:26-cv-22891-KMM are DENIED AS MOOT except the Petition (ECF No. 1), which remains operative in the lead case. Petitioner Carlos Humberto Rodriguez Erazo in Case No. 1:26-cv-22891-KMM is DIRECTED to refile the Petition (ECF No. 1) in the lead case. Respondents' consolidated response is due by May 1, 2026. 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 4/28/2026. (ss01) (Entered: 04/28/2026)
#6
Apr 28, 2026
Third Party Complaint
Main Document: Third Party Complaint
#7
Apr 28, 2026
Clerk's Notice to Filer re 6 Third Party Complaint. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (wce) (Entered: 04/29/2026)
Apr 28, 2026
Administrative Order
#8
Apr 29, 2026
Notice of Attorney Appearance
Main Document: Notice of Attorney Appearance
#9
Apr 29, 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. 0:26-cv-60895-KMM, 0:26-cv-61249-KMM, and 1:26-cv-22946-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case Nos. 0:26-cv-60895-KMM are 0:26-cv-61249-KMM are hereby CONSOLIDATED with Case No. 1:26-cv-22946-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case Nos. 0:26-cv-60895-KMM are 0:26-cv-61249-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-22946-KMM. All pending motions, if any, in Case Nos. 0:26-cv-60895-KMM are 0:26-cv-61249-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 Michelle M. Calderon Ruiz's Petition from 0:26-cv-60895-KMM and Petitioner Kenya Narobys Berroteran Guerra's Petition from 0:26-cv-61249-KMM in the lead case, as they are both pro se. Respondents' consolidated response is due by May 4, 2026. 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. Petitioners Calderon Ruiz and Berroteran Guerra are reminded that they must still abide by the Orders in their original cases requiring either that they pay their filing fees or that they file Motions to Proceed In Forma Pauperis. Signed by Judge K. Michael Moore on 4/29/2026. (hyn) (Entered: 04/29/2026)
Apr 29, 2026
Administrative Order
Apr 29, 2026
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
#10
Apr 30, 2026
Application/Petition (Complaint) for Writ of Habeas Corpus
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#11
Apr 30, 2026
Application/Petition (Complaint) for Writ of Habeas Corpus
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#12
Apr 30, 2026
Application/Petition (Complaint) for Writ of Habeas Corpus
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#13
Apr 30, 2026
Notice of Entry of Parties Listed into CM/ECF
Main Document: Notice of Entry of Parties Listed into CM/ECF
#14
May 04, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 9 Administrative Order,,,,,,, by U.S. Department of Homeland Security. (Doakes Shelton, Chantel) (Entered: 05/04/2026)
Main Document: Response to Order to Show Cause
#15
May 05, 2026
Defendant's NOTICE of Filing Exhibits by Todd Blanche, Todd M. Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Warden Warden, Broward Transitional Center re 14 Response to Order to Show Cause. Attorney Chantel Doakes Shelton added to party U.S. Immigration and Customs Enforcement(pty:condft). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit A, # 22 Exhibit B, # 23 Exhibit C, # 24 Exhibit D, # 25 Exhibit E, # 26 Exhibit A, # 27 Exhibit B, # 28 Exhibit C, # 29 Exhibit D, # 30 Exhibit E, # 31 Exhibit F, # 32 Exhibit G, # 33 Exhibit H, # 34 Exhibit A, # 35 Exhibit B, # 36 Exhibit C, # 37 Exhibit D, # 38 Exhibit E, # 39 Exhibit F, # 40 Exhibit G, # 41 Exhibit H, # 42 Exhibit I, # 43 Exhibit J) (Doakes Shelton, Chantel) (Entered: 05/05/2026)
Main Document: Notice (Other)
#16
May 12, 2026
Service (Proof) by Publication
Main Document: Service (Proof) by Publication
#17
May 12, 2026
Notice of Supplemental Authority
Main Document: Notice of Supplemental Authority
#18
May 13, 2026
Vacate
Main Document: Vacate
#19
May 14, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Notice of Voluntary Departure Order and Motion for Relief from Order Restricting Transfer. 18 . Therein, Respondents move to vacate a portion of the Court's Order to Show Cause (ECF No. 4) that provides: "Petitioner is not to be transferred until these proceedings have terminated, and therefore Respondent shall maintain Petitioner's detention within the Southern District of Florida for the pendency of the Petition, and direct any applicable authorities to maintain the same[.]" (ECF No. 4) at 3. Here, an Immigration Judge granted Petitioner Kenya Nairobys Berroteran Guerra's ("Guerra") request for voluntary departure on May 7, 2026. See (ECF No. 18) at 1; (ECF No. 18-1). The Court finds that it is proper to vacate this restriction within the Order to Show Cause 4 just as to Petitioner Guerra. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motion 18 is GRANTED. The Court's Order to Show Cause (ECF No. 4) is hereby VACATED as to Petitioner Guerra 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 Guerra has departed the United States and their custody, so that the Court can dismiss Guerra's Petition as moot. Signed by Judge K. Michael Moore on 5/14/2026. (ss02) (Entered: 05/14/2026)
May 14, 2026
Order on Motion to Vacate
#20
May 27, 2026
Response/Reply (Other)
Main Document: Response/Reply (Other)
#21
May 27, 2026
Response/Reply (Other)
Main Document: Response/Reply (Other)
#22
Jun 01, 2026
Status Report
Main Document: Status Report
#23
Jun 02, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Status Report. 22 . On May 14, 2026, the Court granted Respondents' Notice of Voluntary Departure Order and Motion for Relief from Order Restricting Transfer (ECF No. 18) and vacated its Order to Show Cause (ECF No. 4) as to Petitioner Kenya Nairobys Berroteran Guerra ("Guerra") only. See (ECF No. 19). The Court further directed Respondents to "to file a notice with the Court indicating when Petitioner Guerra has departed the United States and their custody, so that the Court can dismiss Guerra's Petition as moot." See id. Respondents have now filed their Status Report, representing that Guerra "left the United States and the custody of Respondents on May 31, 202 6 ." See (ECF No. 22) at 1; see also (ECF No. 22-1) at 1. "Article III of the Constitution limits the jurisdiction of federal courts to 'cases' and 'controversies,' and the justiciability doctrine's main components include mootness." Djadju v. Vega, 32 F.4th 1102, 1106 (11th Cir. 2022) (cleaned up and citation omitted). "The doctrine of mootness derives directly from the case or controversy limitation because 'an action that is moot cannot be characterized as an active case or controversy.'" Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002) (citation omitted). A case is moot "when it no longer presents a live controversy with respect to which the court can give meaningful relief." Id. (citation omitted). "If events that occur subsequent to the filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant meaningful relief, then the case is moot and must be dismissed." Al Najjar v. Ashcroft, 273 F.3d 1330, 1336 (11th Cir. 2001). Here, Guerra's Petition alleged that Guerra's immigration detention was unlawful pursuant to 28 U.S.C. § 2241. See generally (ECF No. 12). As Guerra is no longer detained by ICE, the Court no longer has jurisdiction over Guerra's Petition because it no longer presents a live controversy. See (ECF No. 22-1) at 1; see also Mehmood v. U.S. 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."). Accordingly, this case is hereby DISMISSED WITHOUT PREJUDICE as to Guerra. All pending motions as to Guerra, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 6/2/2026. (ss02) (Entered: 06/02/2026)
Jun 02, 2026
Order Dismissing/Closing Case or Party
#24
Jul 07, 2026
Notice (Other)
Main Document: Notice (Other)

Parties

Aleman Lopez
Party
U.S. Department of Homeland Security
Party