Southern District of Florida • 1:26-cv-23634

Pierre v. Officer Reyes

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Case Information

Filed: May 22, 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 09, 2026
Parties: View All Parties →

Docket Entries

#1
May 21, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, Letter of Support, and Exhibits. Filing fee $ 5.00 paid, filed by Andy Pierre. (Attachments: # 1 Routing Slip for payment of Fee)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (caw) (Entered: 05/22/2026)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
May 21, 2026
Judge Assignment to Magistrate Judge Enjolique A. Lett. (caw) (Entered: 05/22/2026)
#3
May 22, 2026
NOTICE of Attorney Appearance by Peter Joseph Mathews on behalf of Director, U.S. Immigration and Customs Enforcement, Officer Reyes, Secretary, U.S. Department of Homeland Security. Attorney Peter Joseph Mathews added to party Director, U.S. Immigration and Customs Enforcement(pty:res), Attorney Peter Joseph Mathews added to party Officer Reyes(pty:res), Attorney Peter Joseph Mathews added to party Secretary, U.S. Department of Homeland Security (pty:res). (Mathews, Peter) (Entered: 05/22/2026)
Main Document: Notice of Attorney Appearance
#4
May 22, 2026
CORRECTED Clerks Notice of Judge Assignment to District Judge K. Michael Moore. Magistrate Judge Enjolique A. Lett no longer assigned to case as Presider. (pes) (Entered: 05/26/2026)
May 22, 2026
Judge Assignment
May 26, 2026
Clerk's Notice of Judge Assignment and Optional Consent
#5
May 27, 2026
Order to Show Cause
Main Document: Order to Show Cause
#6
Jun 01, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
#7
Jun 11, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#8
Jun 12, 2026
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon Petitioner's Motion to Grant Petition and for Release From Custody. 7 . On May 27, 2026, the Court entered an Order to Show Cause ("OTSC"), ordering Respondents to "provide Petitioner [with] full and complete copies of all documents filed in support of their Response." See (ECF No. 5) at 2. In the Motion, Petitioner represents that Respondents have failed to provide him "with a complete copy of their [R]esponse and all supporting" materials. See (ECF No. 7) at 1. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before June 17, 2026, as to why sanctions should not be imposed for failing to comply with the Court's OTSC. Signed by Judge K. Michael Moore on 6/12/2026. (ss02) (Entered: 06/12/2026)
#9
Jun 12, 2026
Certificate of Service
Main Document: Certificate of Service
#10
Jun 12, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
Jun 12, 2026
Order to Show Cause
#11
Jun 15, 2026
PAPERLESS ORDER DISCHARGING 8 ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon Petitioner's Motion to Grant Petition and for Release From Custody (the "Motion") (ECF No. 7) and the Court's Order to Show Cause (the "OTSC") (ECF No. 8). On June 12, 2026, the Court ordered Respondents to show cause on or before June 17, 2026, as to why sanctions should not be imposed for failing to provide Petitioner with copies of all documents filed in support of their Response. See (ECF No. 8). That same day, Respondents filed a Response to the OTSC, representing that they mailed Petitioner a copy of their Response and all accompanying exhibits via certified mail. See (ECF No. 10) at 1. Respondents also submitted a return receipt reflecting delivery of those materials to Petitioner. See (ECF No. 10-1). In light of Petitioner's assertions that he did not receive the materials, Respondents further represent that they are re-serving the documents and do not oppose an extension of time for Petitioner to file his Reply. See (ECF No. 10) at 1-2; see also (ECF No. 9). Accordingly, UPON CONSIDERATION of the OTSC, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the OTSC (ECF No. 8) is DISCHARGED. Turning to the Motion, Petitioner contends that he has been "unable to properly review [Respondents'] position" because he did not receive any documentation and asks the Court to grant his Petition (ECF No. 1). See (ECF No. 7) at 1. In light of Petitioner's pro se status and Respondents' representation that they are re-serving the relevant documents, the Court construes the Motion, in part, as a request for additional time to file a Reply. See Stephens v. DeGiovanni, 852 F.3d 1298, 1318 n.16 (11th Cir. 2017) ("A document filed pro se is to be liberally construed[.]"). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 7 is GRANTED to the extent it seeks an extension. Petitioner may file his Reply on or before June 30, 2026. Signed by Judge K. Michael Moore on 6/15/2026. (ss02) (Entered: 06/15/2026)
Jun 15, 2026
Order on Motion for Miscellaneous Relief
#12
Jun 26, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#13
Jun 26, 2026
Notice (Other)
Main Document: Notice (Other)
#14
Jun 29, 2026
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon Respondents' Notice of Petitioner's Transfer Due to Wildfire Danger. 13 . Therein, Respondents represent that Petitioner was transferred to "the Miami Federal Detention Center due to the danger posed by wildfire in the vicinity of Krome." Id. at 1. However, a search of the U.S. Immigration and Customs Enforcement Online Detainee Locator System website found at https://locator.ice.gov/odls/#/search on the date of this Order indicates that Petitioner is currently detained at the Adams County Correctional Center in Mississippi. Petitioner likewise represents that he was transferred to Mississippi in his Notice of Transfer in Violation of Court Order and Request for Immediate Release, dated June 23, 2026. See (ECF No. 12). Accordingly, in light of the apparent discrepancy between Respondents' representation and Petitioner's current detention location, Respondents are hereby ORDERED TO SHOW CAUSE on or before July 1, 2026, explaining: (1) why Petitioner was transferred outside this District, rather than to another facility within the District; (2) why Respondents are not aware of Petitioner's location; and (3) why Respondents did not "receive[] confirmation" regarding Petitioner's transfer until June 26, 2026. Signed by Judge K. Michael Moore on 6/29/2026. (ss02) (Entered: 06/29/2026)
Jun 29, 2026
Order to Show Cause
#15
Jun 30, 2026
Reply to Response to Order to Show Cause
Main Document: Reply to Response to Order to Show Cause
#16
Jul 01, 2026
Reply to Response to Order to Show Cause
Main Document: Reply to Response to Order to Show Cause
#17
Jul 01, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
#18
Jul 07, 2026
Notice (Other)
Main Document: Notice (Other)
#19
Jul 07, 2026
DISCHARGED AND VACATED PAPERLESS ORDER DISCHARGING 14 ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon the Court's Order to Show Cause (the "OTSC"). (ECF No. 14). On June 29, 2026, the Court ordered Respondents to show cause on or before July 1, 2026, explaining: (1) why Petitioner was transferred outside this District, rather than to another facility within the District; (2) why Respondents are not aware of Petitioner's location; and (3) why Respondents did not "receive[] confirmation" regarding Petitioner's transfer until June 26, 2026. See id. On July 1, 2026, Respondents filed a Response, representing that: (1) Petitioner was transferred outside this District because no bed space was available within the District; (2) Respondents' Notice of Petitioner's Transfer Due to Wildfire (ECF No. 13) "incorrectly indicated that Petitioner was transferred to Miami Federal Detention Center instead of Adams County Correctional Center in Mississippi in the body of the filing" due to a scrivener's error; and (3) Respondents did not receive notice of Petitioner's transfer "due to the exigent circumstances posed by the wildfire and the associated logistical difficulties attendant to locating bed space for, transferring, and transporting over nine hundred detainees from Krome in a forty-eight (48) hour period." See (ECF No. 17) at 1-2. Accordingly, UPON CONSIDERATION of the OTSC, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the OTSC (ECF No. 14) is DISCHARGED. With respect to Respondents' representations regarding the "exigent circumstances" created by the wildfire, the Court has addressed the apparent lack of exigency as to a petitioner in similar circumstances in Case No. 1:26-cv-22429-KMM. See Paperless Order Setting Show Cause Hearing, Diaz-Joba v. Krome N. Serv. Processing Ctr., No. 1:26-cv-22429-KMM (S.D. Fla. July 6, 2026) (ECF No. 42). As the Court is considering whether to impose sanctions on the ICE ERO Miami Field Office Director Matthew Elliston for transferring petitioners in violation of the Court's no-transfer orders in Case No. 1:26-cv-22429-KMM, the Court will not require Respondents to address the same in this matter. Accordingly, it is hereby ORDERED AND ADJUDGED that Respondents shall file status reports every seven (7) days from the date of this Order, to continue until otherwise ordered by the Court, advising the Court of: (1) the status of the brush fires; and (2) whether a safe facility within this District is available to house Petitioner. Signed by Judge K. Michael Moore on 7/7/2026. (ss02) Modified Text per DE 21 on 7/9/2026 (wce). (Entered: 07/07/2026)
Jul 07, 2026
Administrative Order AND Status Report Order
#20
Jul 08, 2026
Status Report
Main Document: Status Report
#21
Jul 09, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Status Report 20 as to Petitioner Andy Pierre in response to the Court's Paperless Order (ECF No. 19) requiring status reports. Therein, as directed by the Court, Respondents advise that "Petitioner has been returned to Krome because the threat of the brush fires near Krome has passed." See (ECF No. 20) at 1. A search of the U.S. Immigration and Customs Enforcement Online Detainee Locator System website found at https://locator.ice.gov/odls/#/search on the date of this Order indicates that Petitioner has indeed been returned to Krome. Accordingly, UPON CONSIDERATION of the Status Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Court's Paperless Order (ECF No. 19) is DISCHARGED and VACATED. Under the circumstances and Petitioner's return to the District, the Court declines to impose any sanctions relating to Respondents' transfer of Petitioner in violation of the Court's Order to Show Cause (ECF No. 5). In light of this Order, Petitioner's Notice of Transfer in Violation of Court Order and Request for Immediate Release 12 is GRANTED IN PART as to Petitioner's request to return to Krome. Signed by Judge K. Michael Moore on 7/9/2026. (ss02) (Entered: 07/09/2026)
Jul 09, 2026
Administrative Order AND ~Util - Terminate Motions