Southern District of Florida • 1:26-cv-26104
ESPINOSA FERNANDEZ v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Completed
Case Information
Filed: September 03, 2026
Assigned to:
Darrin Phillip Gayles
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: September 10, 2026
Last Activity:
September 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 03, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19952565, filed by RAFAEL ANGEL ESPINOSA FERNANDEZ. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Exhibit Exhibit A)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Rub, Allison) (Entered: 09/03/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Sep 03, 2026
Judge Assignment to Judge Darrin P. Gayles. (gqa) (Entered: 09/04/2026)
#3
Sep 04, 2026
ORDER TO SHOW CAUSE. Signed by Judge Darrin P. Gayles on 9/4/2026. See attached document for full details. (sci) (Entered: 09/04/2026)
Main Document:
Order to Show Cause
Sep 04, 2026
Judge Assignment
#4
Sep 05, 2026
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every filing 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 filing or dismissal of this action. Signed by Judge Darrin P. Gayles on 9/5/2026. (sci) (Entered: 09/05/2026)
Sep 05, 2026
Notice of Court Practice/to Appear/Other
#5
Sep 08, 2026
NOTICE of Attorney Appearance by Carolina Perez Schmerold on behalf of ATTORNEY GENERAL OF THE UNITED STATES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, WARDEN, Warden of Krome North SPC. Attorney Carolina Perez Schmerold added to party ATTORNEY GENERAL OF THE UNITED STATES(pty:res), Attorney Carolina Perez Schmerold added to party U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT(pty:res), Attorney Carolina Perez Schmerold added to party WARDEN, Warden of Krome North SPC(pty:res). (Schmerold, Carolina) (Entered: 09/08/2026)
Main Document:
Notice of Attorney Appearance
#6
Sep 09, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A - I213 Form, # 2 Exhibit B - Notice to Appear, # 3 Exhibit C - Declaration, # 4 Exhibit D - Detention history)(Schmerold, Carolina) (Entered: 09/09/2026)
Main Document:
Response to Order to Show Cause
#7
Sep 09, 2026
Stricken-REPLY to 6 Response to Order to Show Cause, by RAFAEL ANGEL ESPINOSA FERNANDEZ. (Rub, Allison) Modified per de 8 on 9/10/2026 (drz). (Entered: 09/09/2026)
Main Document:
Reply to Response to Order to Show Cause
#8
Sep 09, 2026
NOTICE of Striking 7 Reply to Response to Order to Show Cause filed by RAFAEL ANGEL ESPINOSA FERNANDEZ by RAFAEL ANGEL ESPINOSA FERNANDEZ (Rub, Allison) (Entered: 09/09/2026)
Main Document:
Notice of Striking
#9
Sep 09, 2026
REPLY to 6 Response to Order to Show Cause, by RAFAEL ANGEL ESPINOSA FERNANDEZ. (Rub, Allison) (Entered: 09/09/2026)
Main Document:
Response/Reply (Other)
#10
Sep 10, 2026
PAPERLESS ORDER granting Petitioner's 1 Petition for Writ of Habeas Corpus. In light of Hernandez Alvarez v. Warden, Fed. Detention Ctr. Miami, 175 F.4th 1258 (11th Cir. 2026), and the facts presented by both parties, the Court finds that Petitioner's detention is governed by Section 1226. Accordingly, Respondents shall afford Petitioner an individualized bond hearing on or before September 17, 2026, or otherwise release Petitioner. On or before September 24, 2026, Respondents shall file a Status Report informing the Court of whether Petitioner was transferred back to the Southern District of Florida, Petitioner was given an individualized bond hearing, the outcome of that bond hearing, and the status of other matters relevant to the Petition. This case shall be CLOSED for administrative purposes, and the Court retains jurisdiction to address matters that may arise with respect to the Petition. Either party may file a motion to reopen the case should any additional relief be sought relating to the Petition or this Order. Signed by Judge Darrin P. Gayles on 9/10/2026. (sci) (Entered: 09/10/2026)
Sep 10, 2026
Administrative Order
#11
Sep 24, 2026
STATUS REPORT by WARDEN, Warden of Krome North SPC (Attachments: # 1 Exhibit A - IJ Order, # 2 Exhibit B - Detention history)(Schmerold, Carolina) (Entered: 09/24/2026)
Main Document:
Status Report
Parties
ESPINOSA FERNANDEZ
Party
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Party