Southern District of Florida • 1:26-cv-23679

#1

May 22, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19578542, filed by EMILIO LEONEL VARELA CARMENATIS. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A - Removal Order and Parole, # 3 Exhibit Exhibit B - OSUP Records, # 4 Exhibit Exhibit C - Motion to Reopen IJ Denial and Proof of Pending BIA Appeal, # 5 Exhibit Exhibit D - Bond Hearing Refile, Bond Worksheet and IJ Bond Denial, # 6 Exhibit Exhibit E - I-1246 Filing, Cover Letter and ICE Outreach Communications, # 7 Exhibit Exhibit F - Physician Letters Regards Karla's Medical Condition, # 8 Exhibit Exhibit G - Form I-797, Evidence of Pending I-485 Under the Cuban Adjustment Act)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Cesar, Guillermo) (Entered: 05/22/2026)

#2

May 22, 2026

Judge Assignment to Judge Beth Bloom (vjk) (Entered: 05/22/2026)

#3

May 22, 2026

EMERGENCY MOTION with Certification of Emergency included by EMILIO LEONEL VARELA CARMENATIS. Responses due by 6/5/2026. (Attachments: # 1 Text of Proposed Order)(Cesar, Guillermo) (Entered: 05/22/2026)

May 22, 2026

Judge Assignment

#4

May 23, 2026

PAPERLESS ORDER TO SHOW CAUSE: THIS CAUSE is before the Court on Petitioner Emilio Leonel Varela Carmenatis's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") under 28 U.S.C. § 2241. ECF No. 1 . Petitioner alleges that he has been unlawfully detained in Immigration and Customs Enforcement ("ICE") custody. 8 U.S.C. § 2243 provides that "[a] court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted....The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."Accordingly, it is ORDERED AND ADJUDGED as follows:1. Counsel for Respondents shall immediately notify the Court of receipt of this Order and the name of the Assistant United States Attorney to whom the case is assigned.2. On or before May 29, 2026, Respondents shall file a memorandum of fact and law to show cause why the Petition should not be granted and shall file all documents and transcripts necessary for resolution of the Petition. See 28 U.S.C. § 2243 (a response to the order to show cause "shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed.").3. Respondents are reminded that it must provide Petitioner full and complete copies of all documents filed in support of its response. See Fed. R. Civ. P. 10(c) ("A copy of a written instrument that is an exhibit to a pleading is part of a pleading for all purposes."); Rodriguez v Fla. Dep't of Corr., 748 F.3d 1073, 1077 (11th Cir. 2014) ("[A]ll documents referenced in the [ ] answer and filed with the Court must be served on the habeas petitioner.").4. Petitioner may, but is not required to, file a reply within three (3) days of the date on which the Court dockets the Response. The reply, if any, shall not exceed ten pages and shall otherwise comply with the Court's applicable Local Rules governing the form of filings. See S.D. Fla. L.R. 7.1(c); L.R. 5.1(a)(4). 5. Furthermore, to preserve the status quo and the Court's jurisdiction, Respondents shall not remove Petitioner from the United States or the Southern District of Florida until further order of the Court. See 28 U.S.C. § 1651; A.A.R.P. v. Trump, 145 S. Ct. 1364, 1368 (2025) ("grant[ing] temporary injunctive relief" against removal "to preserve our jurisdiction" while adjudicating the merits). Signed by Judge Beth Bloom (bet) (Entered: 05/23/2026)

#5

May 23, 2026

PAPERLESS ORDER granting 3 Emergency Motion with Certification of Emergency. See ECF No. 4 . Signed by Judge Beth Bloom (bet) (Entered: 05/23/2026)

May 23, 2026

- Order (PAPERLESS or pdf attached)

May 23, 2026

Order on Emergency Motion with Certification of Emergency