Southern District of Florida • 1:25-cv-25589

Silva Cueva v. Warden FDC Miami

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Case Information

Filed: November 28, 2025
Assigned to: Darrin Phillip Gayles
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
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Last Activity: January 02, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 28, 2025
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-18996249, filed by Jose Mario Silva Cueva. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-ICE Detainee Locator Search, # 3 Exhibit 2-Notice to Appear, # 4 Exhibit 3- IJ Order)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Aliferis, Themistoklis) (Entered: 11/28/2025)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Nov 28, 2025
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (ksr) (Entered: 12/01/2025)
Dec 01, 2025
Clerk's Notice of Judge Assignment and Optional Consent
#3
Dec 02, 2025
NOTICE of Filing Proposed Summons(es) by Jose Mario Silva Cueva (Attachments: # 1 Summon(s) Proposed Summons) (Aliferis, Themistoklis) (Entered: 12/02/2025)
Main Document: Notice of Filing Proposed Summons(es)
#4
Dec 02, 2025
PAPERLESS ORDER staying removal. 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, 605 U.S. 91, 95 (2025) ("grant[ing] temporary injunctive relief" against removal "to preserve our jurisdiction" while adjudicating the merits). Within 14 days of the Respondents being served, Respondents shall file a response to Petitioner's Petition for Writ of Habeas Corpus. Signed by Judge Darrin P. Gayles on 12/2/2025. (skz) (Entered: 12/02/2025)
Dec 02, 2025
- Order (PAPERLESS or pdf attached)
#5
Dec 03, 2025
Summons Issued as to PAM BONDI, Field Office Director, KRISTI NOEM, WARDEN, U.S. Attorney and U.S. Attorney General (ksr) (Entered: 12/03/2025)
Main Document: Summons Issued as to USA
#6
Dec 03, 2025
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, the parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions including, but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 12/3/2025. (skz) (Entered: 12/03/2025)
Dec 03, 2025
Notice of Court Practice/to Appear/Other
#7
Dec 04, 2025
NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Jose Luis Flores (Flores, Jose) (Entered: 12/04/2025)
Main Document: Notice of CHANGE OF ADDRESS, Email or Law Firm Name
#8
Dec 05, 2025
CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney Jose Luis Flores re 7 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 12/05/2025)
Dec 05, 2025
Clerk's Notice - Attorney Admissions
#9
Dec 19, 2025
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
Main Document: Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#10
Dec 19, 2025
SUMMONS (Affidavit) Returned Executed by Jose Mario Silva Cueva. PAM BONDI served on 12/15/2025, response/answer due 2/13/2026; Field Office Director served on 12/11/2025, response/answer due 2/9/2026; KRISTI NOEM served on 12/11/2025, response/answer due 2/9/2026. See DE 9 for image. (ksr) (Entered: 12/22/2025)
#11
Dec 22, 2025
Clerk's Notice to Filer re 9 Summons Returned Executed as to USA, 10 Summons Returned Executed as to USA,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 10 . It is not necessary to refile this document. (ksr) (Entered: 12/22/2025)
Dec 22, 2025
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Dec 22, 2025
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#12
Dec 23, 2025
RESPONSE TO ORDER TO SHOW CAUSE by PAM BONDI, Field Office Director, Kristi Noem, WARDEN. (Attachments: # 1 Exhibit A-I-213 2014, # 2 Exhibit B-I-213 2025, # 3 Exhibit C-NTA, # 4 Exhibit D-Declaration, # 5 Exhibit E-Written Pleadings, # 6 Exhibit F-IJO Removable, # 7 Exhibit G-IJO Bond, # 8 Exhibit H-NOH 2026, # 9 Exhibit I-Detention History)(Romero, Kelsi) (Entered: 12/23/2025)
Main Document: Response to Order to Show Cause
Attachment 1: Exhibit A-I-213 2014
Attachment 2: Exhibit B-I-213 2025
Attachment 3: Exhibit C-NTA
Attachment 4: Exhibit D-Declaration
Attachment 5: Exhibit E-Written Pleadings
Attachment 6: Exhibit F-IJO Removable
Attachment 7: Exhibit G-IJO Bond
Attachment 8: Exhibit H-NOH 2026
Attachment 9: Exhibit I-Detention History
#13
Jan 02, 2026
Reply to Response to Order to Show Cause
Main Document: Reply to Response to Order to Show Cause