Southern District of Florida • 1:26-cv-23453

Morffi Lopez v. BLANCHE

Active

Case Information

Filed: May 16, 2026
Assigned to: Cecilia M. Altonaga
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: May 21, 2026
Parties: View All Parties →

Docket Entries

#1
May 16, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00. IFP Filed, filed by Raiko Morffi Lopez. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Blankenship, Katherine) (Entered: 05/16/2026)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
May 16, 2026
Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. (cwc) (Entered: 05/18/2026)
#3
May 18, 2026
Clerk's Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $5.00 within 24 hours of this notice. (cwc) (Entered: 05/18/2026)
#4
May 18, 2026
Clerk's Notice to Filer re: Summons(es) will not be issued. The filing fee has not been paid. Filer may file a Notice of Filing Proposed Summons(es) with the summons attached upon payment of filing fee. (cwc) (Entered: 05/18/2026)
#5
May 18, 2026
Notice of Compliance of Filing Fee $5.00, receipt number AFLSDC-19553407, Electronic Habeas Civil Case Filing re 3 Clerk's Notice to Filer re: Electronic Case (Blankenship, Katherine) (Entered: 05/18/2026)
#6
May 18, 2026
NOTICE of Filing Proposed Summons(es) by Raiko Morffi Lopez re 1 Application/Petition (Complaint) for Writ of Habeas Corpus, filed by Raiko Morffi Lopez (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s)) (Blankenship, Katherine) (Entered: 05/18/2026)
Main Document: Notice of Filing Proposed Summons(es)
#7
May 18, 2026
Summons Issued as to TODD BLANCHE, Todd Lyons, Markwayne Mullin, Charles Parra, and Garrett J. Ripa. (cwc) (Entered: 05/18/2026)
Main Document: Summons Issued as to USA
#8
May 18, 2026
ORDER that on or before May 21, 2026, Respondents shall file a memorandum of fact and law ("response") to show cause why the Petition should not be granted and shall file all documents and transcripts necessary for resolution of the Petition. Signed by Chief Judge Cecilia M. Altonaga on 5/18/2026. See attached document for full details. (nt) (Entered: 05/18/2026)
Main Document: Order to Show Cause
#9
May 18, 2026
MOTION for Temporary Restraining Order by Raiko Morffi Lopez. Responses due by 6/1/2026. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Text of Proposed Order)(Blankenship, Katherine) (Entered: 05/18/2026)
Main Document: Temporary Restraining Order
#10
May 18, 2026
PAPERLESS ORDER denying 9 Motion for Temporary Restraining Order. Petitioner requests an order enjoining Respondents from transferring him from the Krome North Service Processing Center to another facility during the pendency of this case. For the following reasons, the Motion is denied. Federal law provides, "no court shall have jurisdiction to review... any decision or action of the Attorney General... the authority for which is specified under this subchapter to be in the discretion of the Attorney General[.]" 8 U.S.C. § 1252(a)(2)(B)(ii) (alterations added). Section 1231(g), within the same subchapter, provides, "[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal." Id. § 1231(g)(alteration added). In short, the Court "lack[s] jurisdiction to enjoin [Respondents] from transferring [Petitioner] to another facility." Flores-Reyes v. Assistant Field Off. Dir., 26-cv-20226, 2026 WL 406708, at *4 (S.D. Fla. Feb. 13, 2026) (alterations added); see also Boulos v. Dir., U.S. DHS ICE ERO Miami Field Off., No. 25-cv-23792, 2025 WL 4092609, at *2 (S.D. Fla. Dec. 11, 2025) (noting "[a]s other courts in this district and across the country have found, 8 U.S.C. [section] 1252(a)(2)(B) and 8 U.S.C. [section] 1231(g)(1) strip the Court of jurisdiction 'to enjoin the government from transferring immigration detainees to other districts, as those decisions fall within the discretion of the Attorney General'" (alterations added; quoting Guerra-Castro v. Parra, No. 25-cv-22487, 2025 WL 1984300, at *2 (S.D. Fla. July 17, 2025))). Moreover, Petitioner has not demonstrated how the Court's jurisdiction will be affected by his transfer. (See generally Mot.); see also Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004) (recognizing "when the Government moves a habeas petitioner after she properly files a petition naming her immediate custodian, the District Court retains jurisdiction and may direct the writ to any respondent within its jurisdiction who has legal authority to effectuate the prisoner's release"). Signed by Chief Judge Cecilia M. Altonaga (CMA) (Entered: 05/18/2026)
May 18, 2026
Notice of Compliance of Filing Fee-5.00 Electronic Habeas Civil Case Filing
May 18, 2026
Order on Motion for Temporary Restraining Order
May 18, 2026
Clerk's Notice of Judge Assignment and Optional Consent
May 18, 2026
Clerk's Notice of Docket Correction - ELECTRONIC CASE
May 18, 2026
Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
#11
May 21, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition

Parties

BLANCHE
Party
Morffi Lopez
Party