Southern District of Florida • 1:25-cv-22451
Montelier Chaviano v. RIPA
Terminated
Case Information
Filed: May 29, 2025
Assigned to:
Melissa Damian
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Terminated: June 23, 2025
Last Activity:
June 25, 2025
Parties:
View All Parties →
Docket Entries
#1
May 29, 2025
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-18489773, filed by Sergio Montelier Chaviano. (Attachments: # 1 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Montanez, Felix) (Entered: 05/29/2025)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
May 29, 2025
Judge Assignment to Judge Melissa Damian (nan) (Entered: 05/30/2025)
#3
May 30, 2025
Clerk's Notice to Filer re: Electronic Case. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (nan) (Entered: 05/30/2025)
May 30, 2025
Clerk's Notice of Docket Correction - ELECTRONIC CASE
May 30, 2025
Judge Assignment
#4
May 31, 2025
AMENDED COMPLAINT against GARRETT J. RIPA, filed by Sergio Montelier Chaviano. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Order of Release on Recognizance, # 3 Exhibit EOIR Case Notes Showing Dismissal of Immigration Court Proceedings)(Montanez, Felix) (Entered: 05/31/2025)
Main Document:
Amended Complaint/Amended Notice of Removal
#5
May 31, 2025
NOTICE of Entry of Parties (Added Respondents) by Sergio Montelier Chaviano re 4 Amended Complaint/Amended Notice of Removal, (Montanez, Felix) (Entered: 05/31/2025)
Main Document:
Notice (Other)
#6
May 31, 2025
STRICKEN MOTION for Order to Show Cause by Sergio Montelier Chaviano. (Montanez, Felix) Modified on text Per DE# 11 6/3/2025 (nan). (Entered: 05/31/2025)
Main Document:
Show Cause
#7
Jun 01, 2025
NOTICE of Attorney Appearance by Mark Andrew Prada on behalf of Sergio Montelier Chaviano. Attorney Mark Andrew Prada added to party Sergio Montelier Chaviano(pty:pet). (Prada, Mark) (Entered: 06/01/2025)
Main Document:
Notice of Attorney Appearance
#8
Jun 01, 2025
Notice of Entry of Parties Listed on 5 Notice (Other) into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Juan Agudelo, Pamela J. Bondi, Todd M. Lyons and KRISTI NOEM. (Montanez, Felix) (Entered: 06/01/2025)
Main Document:
Notice of Entry of Parties Listed into CM/ECF
#9
Jun 01, 2025
STRICKEN NOTICE of Proposed Order by Sergio Montelier Chaviano re 6 MOTION for Order to Show Cause (Montanez, Felix) Modified text Per DE# 11 on 6/3/2025 (nan). (Entered: 06/01/2025)
Main Document:
Notice (Other)
#10
Jun 02, 2025
Clerk's Notice to Filer re 9 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (nan) (Entered: 06/02/2025)
Jun 02, 2025
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
#11
Jun 03, 2025
NOTICE of Striking 6 MOTION for Order to Show Cause filed by Sergio Montelier Chaviano, 9 Notice (Other) filed by Sergio Montelier Chaviano by Sergio Montelier Chaviano (Montanez, Felix) (Entered: 06/03/2025)
Main Document:
Notice of Striking
#12
Jun 03, 2025
MOTION for Order to Show Cause by Sergio Montelier Chaviano. (Attachments: # 1 Text of Proposed Order Proposed Order)(Montanez, Felix) (Entered: 06/03/2025)
Main Document:
Show Cause
#13
Jun 03, 2025
ORDER granting in part and denying in part 12 Motion for Order to Show Cause. Show Cause Response due by 6/6/2025. Counsel for Respondents shall immediately, in writing, notify the Court of receipt of this Order and the name of the attorney(s) to whom the case is assigned. Signed by Judge Melissa Damian on 6/3/2025. See attached document for full details. (oco) (Entered: 06/03/2025)
Main Document:
Order on Motion to Show Cause
#14
Jun 03, 2025
NOTICE of Attorney Appearance by Clarissa H. Pinheiro on behalf of Juan Agudelo, Pamela J. Bondi, Todd M. Lyons, Kristi Noem, Garrett J. Ripa. Attorney Clarissa H. Pinheiro added to party, Attorney Clarissa H. Pinheiro added to party, Attorney Clarissa H. Pinheiro added to party, Attorney Clarissa H. Pinheiro added to party, Attorney Clarissa H. Pinheiro added to party Garrett J. Ripa(pty:dft). (Pinheiro, Clarissa) (Entered: 06/03/2025)
Main Document:
Notice of Attorney Appearance
#15
Jun 06, 2025
Defendant's MOTION for Extension of Time Respond to Order to Show Cause re 13 Order on Motion for Order to Show Cause, by Juan Agudelo, Pamela J. Bondi, Todd M. Lyons, Kristi Noem, Garrett J. Ripa. Responses due by 6/20/2025. (Attachments: # 1 Text of Proposed Order)(Pinheiro, Clarissa) (Entered: 06/06/2025)
Main Document:
Extension of Time
#16
Jun 06, 2025
PAPERLESS ORDER granting 15 Respondents' Unopposed Motion for Extension of Time. THIS CAUSE is before the Court on Respondents' Unopposed Motion for a 4-day extension of time to respond to the Court's Order to Show Cause. The Court, having considered the Motion and noting it is unopposed, and finding good cause, hereby GRANTS the Motion. Respondents shall file a response to the Court's Order to Show Cause on or before June 10, 2025. (Show Cause Response due by 6/10/2025). Signed by Judge Melissa Damian on 6/6/2025. (oco) (Entered: 06/06/2025)
Jun 06, 2025
Order on Motion for Extension of Time
#17
Jun 08, 2025
EMERGENCY MOTION with Certification of Emergency included by Sergio Montelier Chaviano. Responses due by 6/23/2025. (Attachments: # 1 Exhibit A - Declaration of Attorney Acebo and Emails with DHS, # 2 Exhibit B - Notice of Appeal to the BIA, # 3 Text of Proposed Order)(Prada, Mark) (Entered: 06/08/2025)
Main Document:
Emergency Motion with Certification of Emergency
#18
Jun 08, 2025
NOTICE OF FILING by Sergio Montelier Chaviano re 17 EMERGENCY MOTION with Certification of Emergency included (Attachments: # 1 Exhibit A - Declaration of Attorney Acebo and Emails with DHS (corrected)) (Prada, Mark) (Entered: 06/08/2025)
Main Document:
Notice (Other)
#19
Jun 09, 2025
Second NOTICE of Filing by Sergio Montelier Chaviano re 17 EMERGENCY MOTION with Certification of Emergency included (Attachments: # 1 Exhibit Declaration of Michelle Acebo (Immigration Lawyer) dated June 9, 2025) (Montanez, Felix) (Entered: 06/09/2025)
Main Document:
Notice (Other)
#20
Jun 09, 2025
ORDER SETTING HEARING on Motion: 17 Emergency Motion for Temporary Restraining Order and Preliminary Injunction Staying Credible Fear Proceedings. Motion Hearing set for 6/12/2025 at 10:00 AM in the Miami Division before Judge Melissa Damian. Signed by Judge Melissa Damian on 6/9/2025. See attached document for full details. (oco) (Entered: 06/09/2025)
Main Document:
Order Setting Hearing on Motion
#21
Jun 09, 2025
MOTION to Produce the Body of Petitioner by Sergio Montelier Chaviano. (Attachments: # 1 Text of Proposed Order Proposed Order)(Montanez, Felix) (Entered: 06/09/2025)
Main Document:
Produce
#22
Jun 10, 2025
NOTICE of Attorney Appearance by Anthony Richard Dominguez on behalf of Sergio Montelier Chaviano. Attorney Anthony Richard Dominguez added to party Sergio Montelier Chaviano(pty:pet). (Dominguez, Anthony) (Entered: 06/10/2025)
Main Document:
Notice of Attorney Appearance
#23
Jun 10, 2025
RESPONSE TO ORDER TO SHOW CAUSE re 16 Order on Motion for Extension of Time,, 13 Order on Motion for Order to Show Cause, by Juan Agudelo, Pamela J. Bondi, Todd M. Lyons, Kristi Noem, Garrett J. Ripa. (Attachments: # 1 Exhibit A (I 213), # 2 Exhibit B (NTA), # 3 Exhibit C (I-220), # 4 Exhibit D (Pet Motion), # 5 Exhibit E (IJ Order), # 6 Exhibit F (IJ Dismissal), # 7 Exhibit G (Declaration), # 8 Exhibit H (I-860), # 9 Exhibit I (I-867), # 10 Exhibit J (Detention History), # 11 Exhibit K (BIA appeal receipt))(Pinheiro, Clarissa) (Entered: 06/10/2025)
Main Document:
Response to Order to Show Cause
#24
Jun 10, 2025
RESPONSE in Opposition re 21 MOTION to Produce the Body of Petitioner filed by Juan Agudelo, Pamela J. Bondi, Todd M. Lyons, Kristi Noem, Garrett J. Ripa. Replies due by 6/17/2025. (Pinheiro, Clarissa) (Entered: 06/10/2025)
Main Document:
Response in Opposition to Motion
#25
Jun 11, 2025
Unopposed MOTION for Leave to File Oversized Traverse Brief by Sergio Montelier Chaviano. (Attachments: # 1 Exhibit a - Proposed Oversized Brief, # 2 Text of Proposed Order)(Prada, Mark) (Entered: 06/11/2025)
Main Document:
Leave to File Document
#26
Jun 12, 2025
PAPERLESS Minute Entry for proceedings held before Judge Melissa Damian: Motion Hearing held on 6/12/2025 re 17 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction Staying Credible Fear Proceedings filed by Sergio Montelier Chaviano. Total time in court: 2 hours. Attorney Appearance(s): Mark Andrew Prada, Anthony Richard Dominguez, Michelle Acebo, and Clarissa H. Pinheiro. Other appearances: Counsel for U.S. Immigration and Customs Enforcement. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (oco) (Entered: 06/12/2025)
#27
Jun 12, 2025
ORDER FOLLOWING MOTION HEARING taking under advisement 17 Emergency Motion with Certification of Emergency; taking under advisement 21 Motion to Produce the Body; and granting 25 Unopposed Motion for Leave to File Oversized Traverse. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Melissa Damian on 6/12/2025. See attached document for full details. (oco) (Entered: 06/12/2025)
#28
Jun 12, 2025
STATUS REPORT by Juan Agudelo, Pamela J. Bondi, Todd M. Lyons, Kristi Noem, Garrett J. Ripa (Attachments: # 1 Exhibit A (conferral email))(Pinheiro, Clarissa) (Entered: 06/12/2025)
Main Document:
Status Report
#29
Jun 12, 2025
REPLY to 23 Response to Order to Show Cause,, by Sergio Montelier Chaviano. (Prada, Mark) (Entered: 06/12/2025)
Main Document:
Reply to Response to Order to Show Cause
Jun 12, 2025
MOTION Hearing or Evidentiary Motion Hearing
#30
Jun 23, 2025
Notice of Supplemental Authority by Juan Agudelo, Pamela J. Bondi, Todd M. Lyons, Kristi Noem, Garrett J. Ripa (Attachments: # 1 Exhibit A (Decision)) (Pinheiro, Clarissa) (Entered: 06/23/2025)
Main Document:
Notice of Supplemental Authority
#31
Jun 23, 2025
Order on Motion to Produce
Main Document:
Order on Motion to Produce
#32
Jun 23, 2025
ORDER Dismissing 4 Amended Petition for Writ of Habeas Corpus and Denying 17 Emergency Motion for Temporary Restraining Order filed by Sergio Montelier Chaviano. Closing Case. Signed by Judge Melissa Damian on 6/23/2025. See attached document for full details. (oco)
#33
Jun 24, 2025
Notice of Appeal
Main Document:
Notice of Appeal
Jun 24, 2025
Transmission of Notice of Appeal and Docket Sheet to USCA
#34
Jun 25, 2025
Acknowledgment of Receipt from USCA
Main Document:
Acknowledgment of Receipt from USCA
#35
Jun 25, 2025
Transcript Order Form - Attorney (PART I)
Main Document:
Transcript Order Form - Attorney (PART I)
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