Southern District of Florida • 1:26-cv-23386
Rodriguez Lopez v. Federal Bureau of Prisons
Active
Case Information
Filed: May 13, 2026
Assigned to:
Kathleen Mary Williams
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
August 21, 2026
Parties:
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Docket Entries
#1
May 13, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by David Rodriguez Lopez. (Attachments: # 1 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 05/14/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
May 13, 2026
Judge Assignment to Judge Kathleen M. Williams (kma) (Entered: 05/14/2026)
#3
May 14, 2026
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On May 7, 2026, Petitioner filed a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 ("Petition") (DE 1 ; DE [1-1] at 14) challenging his continued confinement by immigration officials. Upon review of the Petition, it is ORDERED AND ADJUDGED as follows:(1) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(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) 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 (nn) (Entered: 05/14/2026)
#4
May 14, 2026
Clerks Notice of Receipt of Filing Fee received on 5/13/2026 in the amount of $ 5.00, receipt number FLS317597. (vt) (Entered: 05/14/2026)
Main Document:
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
#5
May 14, 2026
INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 5/14/2026. See attached document for full details. (wce) (Entered: 05/14/2026)
Main Document:
Order of Instructions to Pro Se Litigant
May 14, 2026
Judge Assignment
May 14, 2026
- Order (PAPERLESS or pdf attached)
#6
May 19, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Federal Bureau of Prisons. (Attachments: # 1 Exhibit NTA, # 2 Exhibit I-213, # 3 Exhibit Judgemenrt, # 4 Exhibit Detention history, # 5 Exhibit Declaration, # 6 Exhibit IJ Order)(DerGarabedian, Alexander) (Entered: 05/19/2026)
Main Document:
Response to Order to Show Cause
#7
Jun 08, 2026
NOTICE of Inquiry by David Rodriguez Lopez re 6 Response to Order to Show Cause. A Copy of the Docket Sheet Mailed to the Plaintiff. (wce) (Entered: 06/08/2026)
Main Document:
Notice (Other)
#8
Jun 16, 2026
REPLY to 6 Response to Order to Show Cause, by David Rodriguez Lopez. (wce) (Entered: 06/16/2026)
Main Document:
Reply to Response to Order to Show Cause
#9
Jul 23, 2026
NOTICE of Filing New Evidence CAFV Package not Response by David Rodriguez Lopez (ls) (Entered: 07/24/2026)
Main Document:
Notice (Other)
#10
Aug 12, 2026
NOTICE of Violation by Federal Bureau of Prisons (Attachments: # 1 Exhibit Detention History) (DerGarabedian, Alexander) (Entered: 08/12/2026)
Main Document:
Notice (Other)
#11
Aug 12, 2026
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On May 13, 2026, Petitioner David Rodriguez Lopez ("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. On May 19, 2026, a Response was filed asserting that Petitioner's March 25, 2026 order of removal was final because Petitioner "did not properly file an appeal with the Board during the appeal timeframe." (DE 6 at 2-3.) Respondent is mistaken. Review of the EOIR Autmated Case Information on-line website confirms that an appeal was received by the EOIR on May 18, 2026, which remains pending, with briefs due on August 31, 2026. See also (DE 8 at 5..) Accordingly, upon review of the Petition, it is ORDERED AND ADJUDGED as follows:(1) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(2) Within five (5) days of the date of entry of this Order, the Respondent SHALL file a supplemental response ("Supplemental Response") to the Court's order to show cause addressing whether 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) Pursuant to Fed. R. Civ. P. 5.2, Respondent shall ensure that any exhibits attached to the response which are redacted comply with the rules governing redaction of court filings. In this regard, Respondent is reminded that redaction of an individual's first five digits of a social security number, date of birth, or the name of a minor is permitted but the redaction of documents does not apply to "the record of an administrative or agency proceeding... the official record of a state-court proceeding... [or] a pro se filing in an action brought under 28 U.S.C. §§ 2241, 2254, or 2255." See Fed. R. Civ. P. 5.2(a), (b).(4) 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 (nn) Modified docket text on 8/12/2026 (mso). (Entered: 08/12/2026)
#12
Aug 12, 2026
STATUS REPORT by Federal Bureau of Prisons (DerGarabedian, Alexander) (Entered: 08/12/2026)
Main Document:
Status Report
Aug 12, 2026
- Order (PAPERLESS or pdf attached)
#13
Aug 13, 2026
*CORRECTED PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On August 12, 2026, the Court entered a supplemental order to show cause which contained a scrivener's error regarding the correct name of the Petitioner and the date of filing the federal habeas petition. (DE 11 .) As a result, that Order is corrected to reflect the correct name of the Petitioner and the date of filing. In all other respects, the Order remains the same, as detailed below. On May 13. 2026, Petitioner David Rodriguez Lopez ("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. On May 19, 2026, a Response was filed asserting that Petitioner's March 25, 2026 order of removal was final because Petitioner "did not properly file an appeal with the Board during the appeal timeframe." (DE 6 at 2-3.) Respondent is mistaken. Review of the EOIR Automated Case Information on-line website confirms that an appeal was received by the EOIR on May 18, 2026, which remains pending, with briefs due on August 31, 2026. See also (DE 8 at 5.) Accordingly, upon review of the Petition, it is ORDERED AND ADJUDGED as follows:(1) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(2) Within five (5) days of the date of entry of this Order, the Respondent SHALL file a supplemental response ("Supplemental Response") to the Court's order to show cause addressing whether 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) Pursuant to Fed. R. Civ. P. 5.2, Respondent shall ensure that any exhibits attached to the response which are redacted comply with the rules governing redaction of court filings. In this regard, Respondent is reminded that redaction of an individual's first five digits of a social security number, date of birth, or the name of a minor is permitted but the redaction of documents does not apply to "the record of an administrative or agency proceeding . . . the official record of a state-court proceeding . . . [or] a pro se filing in an action brought under 28 U.S.C. §§ 2241, 2254, or 2255." See Fed. R. Civ. P. 5.2(a), (b).(4) 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 (nn) (Entered: 08/13/2026)
Aug 13, 2026
- Order (PAPERLESS or pdf attached)
#14
Aug 17, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 13 Order,,,,,,,,,,,,, 3 Order,,,,,, by Federal Bureau of Prisons. (Attachments: # 1 Exhibit NTA, # 2 Exhibit _213, # 3 Exhibit Judgment Sentence, # 4 Exhibit Detention History, # 5 Exhibit Declaration, # 6 Exhibit Immigration Judge's Order, # 7 Exhibit BIA Interim Decision, # 8 Exhibit Briefing Schedule, # 9 Exhibit Supplemental Declaration, # 10 Exhibit Updated Detention History)(DerGarabedian, Alexander) (Entered: 08/17/2026)
Main Document:
Response to Order to Show Cause
#15
Aug 21, 2026
NOTICE of Change of Address/Contact Information; by David Rodriguez Lopez. Address Updated. (wce) (Entered: 08/21/2026)
Main Document:
Notice of CHANGE OF ADDRESS, Email or Law Firm Name
Parties
Federal Bureau of Prisons
Party
Rodriguez Lopez
Party