Middle District of Florida • 6:26-cv-01598

#1

Jul 22, 2026

PETITION for Writ of Habeas Corpus - Federal filed by Felicita Diestra Rios. (e-portal) (Filing fee not paid/no IFP) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(RPB) (Entered: 07/23/2026)

#2

Jul 22, 2026

MOTION for Corey S. Martin to appear pro hac vice by Felicita Diestra Rios. (e-portal) (Attachments: # 1 Exhibit A)(RPB) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 7/23/2026 to correct the file date (RPB). (Entered: 07/23/2026)

#3

Jul 23, 2026

NOTICE TO COUNSEL Corey S. Martin that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (RPB) (Entered: 07/23/2026)

#4

Jul 23, 2026

Civil Cover Sheet - JS 44 by Felicita Diestra Rios. (RPB) (Entered: 07/23/2026)

#5

Jul 23, 2026

ENDORSED ORDER granting 2 Motion for Temporary Admission to File Emergency Motion. Counsel is granted temporary admission for 30 days pursuant to Local Rule 2.01(d). Counsel is directed to apply for special admission within seven days. See Local Rules 2.01(c) and (d). Signed by Magistrate Judge Daniel C. Irick on 7/23/2026. (Irick, Daniel) (Entered: 07/23/2026)

#6

Jul 23, 2026

NOTICE TO COUNSEL Corey S. Martin Local Rule 2.01(c), Special Admission - Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LAW) (Entered: 07/23/2026)

#7

Jul 23, 2026

ORDER: To the extent the Petition contains a request for emergency relief, it is DENIED WITHOUT PREJUDICE. The Petition itself remains pending. See PDF Order for more details. Signed by Judge Roy B. Dalton, Jr. on 7/23/2026. (EAM) (Entered: 07/23/2026)

Jul 23, 2026

Order on Motion to Appear Pro Hac Vice

Jul 23, 2026

Notice to Counsel of Local Rule

Jul 28, 2026

FEES Paid by Felicita Diestra Rios (Filing fee $5.00, Receipt Number Orl No. 119327). (EMH)

Jul 28, 2026

Fees Paid

#8

Aug 06, 2026

ENDORSED ORDER DIRECTING Respondents to respond in writing to the Petition by Friday, August 28, 2026, at noon, addressing the following:(1) The statutory basis for Petitioner's detention;(2) Why the Court should not grant the relief sought in the Petition;(3) The length of Petitioner's detention at the Dilley Detention Center in Texas;(4) The name and location of the facility where Petitioner is currently located;(5) Whether the Court has jurisdiction to consider the legality of Petitioner's detention; and(6) Whether the Court has jurisdiction to consider the legality of the ICE officers' unilateral order to self-deport in the face of a withholding order from an Immigration Judge, and if so, what legal basis the Government contends supports the self-deportation order.The Clerk is DIRECTED to serve a copy of the Petition and this Order on Respondents as soon as possible via the following means:(1) ICE (attn to the Assistant Field Office Directors) via email at OPLAORLFEDLIT@ice.dhs.gov(2) USAO via email at USAFLM.Orlando2241@usdoj.gov and OPLAORLFEDLIT@ice.dhs.gov(3) Copies via certified mail to the USAG at the physical address on file with the Clerk's officeIn the meantime, Petitioner's counsel is DIRECTED to serve a copy of this Endorsed Order on Respondents by any means practicable as soon as possible.Signed by Judge Roy B. Dalton, Jr. on 8/6/2026. (OG) (Entered: 08/06/2026)

Aug 06, 2026

Order

#9

Aug 27, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Director of Immigration and Customs Enforcement, Field Office Director for the Orlando Field Office of ICE, Secretary, U.S. Department of Homeland Security, U.S. Attorney General. (Attachments: # 1 Exhibit Detention History, # 2 Exhibit Notice of Revocation of Release, # 3 Exhibit Notice of Revocation, August 26, 2026)(Bloor, Jeremy) (Entered: 08/27/2026)

#10

Aug 28, 2026

ENDORSED ORDER: By Tuesday, September 8, 2026, Petitioner may file a reply addressing the arguments raised in Respondents' response. The reply may not exceed ten pages in length. Signed by Judge Roy B. Dalton, Jr. on 8/28/2026. (OG) (Entered: 08/28/2026)

Aug 28, 2026

Order

#11

Sep 01, 2026

SECOND NOTICE TO COUNSEL Corey S. Martin. Local Rule 2.01(c), Special Admission - Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (EAM) (Entered: 09/01/2026)

Sep 01, 2026

Notice to Counsel of Local Rule

#12

Sep 08, 2026

Unopposed MOTION for Extension of Time to File Response/Reply as to 9 Response to habeas petition, 1 Petition for Writ of Habeas Corpus Petitioner's Motion to Extend Time to File Reply by Felicita Diestra Rios. (Bloor, Jeremy) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 09/08/2026)

#13

Sep 09, 2026

ENDORSED ORDER granting 12 Motion for Extension of Time to File Reply. Petitioner may file a reply to Respondents' response by Friday, September 11, 2026. Signed by Judge Roy B. Dalton, Jr. on 9/9/2026. (OG) (Entered: 09/09/2026)

Sep 09, 2026

Order on Motion for Extension of Time to File Response / Reply

Sep 11, 2026

***PRO HAC VICE FEES PAID (Receipt Number 119717 for $150) by attorney Corey S. Martin, appearing on behalf of Felicita Diestra Rios. Related document: 2 MOTION for Corey S. Martin to appear pro hac vice. (MLB)

Sep 11, 2026

Fees Paid - Pro Hac Vice

#14

Sep 14, 2026

RESPONSE re 9 Response to habeas petition Reply to Respondents' Response filed by Felicita Diestra Rios. (Martin, Corey). (Entered: 09/14/2026)

#15

Sep 14, 2026

Unopposed MOTION for Leave to File Reply Reply to Respondents' Response by Felicita Diestra Rios. (Martin, Corey) (Entered: 09/14/2026)

#16

Sep 15, 2026

ENDORSED ORDER GRANTING 15 Unopposed MOTION to Accept Late Filing of Reply. Signed by Judge Roy B. Dalton, Jr. on 9/15/2026. (OG) (Entered: 09/15/2026)

Sep 15, 2026

Order on Motion for Leave to File Document

#17

Sep 17, 2026

NOTICE of hearing: Hearing re 1 PETITION for Writ of Habeas Corpus set for 10/5/2026 at 11:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Petitioner's presence is not required. (EAM) (Entered: 09/17/2026)

Sep 17, 2026

Notice of Hearing

#18

Sep 18, 2026

NOTICE by Director of Immigration and Customs Enforcement, Field Office Director for the Orlando Field Office of ICE, Secretary, U.S. Department of Homeland Security, U.S. Attorney General Notice of Scheduled Removal (Bloor, Jeremy) (Entered: 09/18/2026)

#19

Sep 21, 2026

Emergency MOTION to Stay Transfer and Removal by Felicita Diestra Rios by Felicita Diestra Rios. (Martin, Corey) Modified on 9/21/2026 to edit event type and docket text (MLB). (Chambers Notified) Modified on 9/21/2026 as to docket text (LJC). (Entered: 09/21/2026)

#20

Sep 21, 2026

It is ORDERED AND ADJUDGED: Petitioner's emergency motion for a stay of removal (Doc. 19), construed as a motion for TRO, is GRANTED. Respondents, the U.S. Attorney General, the Secretary of the U.S. Department of Homeland Security, the Director of Immigration and Customs Enforcement, the Field Office Director for the Orlando Field Office of ICE, and all other persons or entities acting in active concert or participation with them, are TEMPORARILY RESTRAINED AND ENJOINED from moving Petitioner out of the detention facility in which she is being held in the United States until further order of the Court. No security bond is required for this injunction as the Court deems it unnecessary. By Monday, September 28, 2026, the Government is DIRECTED to file a supplemental response addressing the following: See PDF Order for details. By Thursday, October 1, 2026, Petitioner is DIRECTED to file a reply to the Government's response. The October 5, 2026 hearing date remains in place. Signed by Judge Roy B. Dalton, Jr. on 9/21/2026. (EAM) (Entered: 09/21/2026)

#21

Sep 28, 2026

RESPONSE re 20 Order on Motion to Stay filed by Director of Immigration and Customs Enforcement, Field Office Director for the Orlando Field Office of ICE, Secretary, U.S. Department of Homeland Security, U.S. Attorney General. (Bloor, Jeremy) (Entered: 09/28/2026)

#22

Oct 01, 2026

REPLY to Response to Motion re 19 Motion to Stay filed by Felicita Diestra Rios. (Martin, Corey) (Entered: 10/01/2026)

#23

Oct 02, 2026

ENDORSED ORDER. To ensure that Petitioner's claims are heard on the merits and to continue preserving the status quo, the Court finds good cause to extend the TRO enjoining the removal of Petitioner to a third country. See Fed. R. Civ. P. 65(b)(2). So the Court's TRO (Doc. 20) is EXTENDED to October 19, 2026, at 11:59 p.m. pending further order of the Court. Signed by Judge Roy B. Dalton, Jr. on 10/2/2026. (OG) (Entered: 10/02/2026)

Oct 02, 2026

Order

#24

Oct 05, 2026

ENDORSED ORDER. To the extent Petitioner challenges her removal to a third country without notice and an opportunity to be heard, that claim is outside the scope of the instant habeas petition as pled because the relief to be granted for such an argument---prevention of removal until proper process is granted---is not release, which is the only relief affordable for the instant habeas petition. See Dep't of Homeland Sec. v. Thuraissigiam, 591 U.S. 103, 119 (2020). But the Court gives Petitioner leave to file a motion to amend the instant petition to assert separate counts seeking a different form of relief---such as injunctive relief---via causes of action for, for example, violation of the Due Process Clause of the Fifth Amendment, and/or a sequencing violation of 8 U.S.C. § 1231. See D.V.D. v. U.S. Dep't of Homeland Sec., No. 26-1212, 2026 WL 2797801 (1st Cir. Sep. 18, 2026). Petitioner may file such a motion no later than 11:59 p.m. on Wednesday, October 7, 2026. If Petitioner files a motion for leave to amend, she should provide authority in that motion for the proposition that such counts can be properly joined to a habeas petition. In the alternative, Petitioner may file a new complaint seeking injunctive relief under the above grounds, which the Clerk should transfer to the Undersigned upon filing. If Petitioner chooses this route, she must file a Notice of Pendency of Other Actions in that case listing the instant habeas petition as a related case. Signed by Judge Roy B. Dalton, Jr. on 10/5/2026. (ZEK) (Entered: 10/05/2026)

#25

Oct 05, 2026

Minute Entry. In Person Proceedings held before Judge Roy B. Dalton, Jr.: Evidentiary Hearing held on 10/5/2026. Court Reporter: Amie First (EAM) (Entered: 10/05/2026)

Oct 05, 2026

Order

#26

Oct 08, 2026

First MOTION to Supplement by Felicita Diestra Rios. (Martin, Corey) (Entered: 10/08/2026)

#27

Oct 08, 2026

ORDER granting 26 Motion to Amend. The amended petition filed as an attachment to Petitioner's motion (Doc. 26, pp. 8-29) is accepted as duly filed. Signed by Judge Roy B. Dalton, Jr. on 10/8/2026. (EAM) (Entered: 10/08/2026)

#28

Oct 08, 2026

ORDER AND INJUNCTION. See PDF order for details. Signed by Judge Roy B. Dalton, Jr. on 10/8/2026. (EAM) (Entered: 10/08/2026)

#29

Oct 09, 2026

NOTICE by Director of Immigration and Customs Enforcement, Field Office Director for the Orlando Field Office of ICE, Secretary, U.S. Department of Homeland Security, U.S. Attorney General Notice of Respondents' Efforts to Return Petitioner to Orlando (Bloor, Jeremy) (Entered: 10/09/2026)

#30

Oct 09, 2026

ENDORSED ORDER: Based on the Government's diligence in effectuating Petitioner's release, the request for an additional eight hours to release Petitioner (Doc. 29) is GRANTED. Signed by Judge Roy B. Dalton, Jr. on 10/9/2026. (OG) (Entered: 10/09/2026)

Oct 09, 2026

Order

#31

Oct 10, 2026

NOTICE of compliance by DHS with Court Order Doc. No. 28 by Felicita Diestra Rios (Martin, Corey) (Entered: 10/10/2026)