Southern District of Florida • 1:26-cv-26471
Padilla-Damas v. ICE ERO Miramar Facility
Completed
Case Information
Filed: September 18, 2026
Assigned to:
Rodolfo Armando Ruiz II
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: September 21, 2026
Last Activity:
September 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 18, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Saul Eduardo Padilla-Damas. (Attachments: # 1 Additional 2241, # 2 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (scn) (Entered: 09/18/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Sep 18, 2026
Judge Assignment to Judge Rodolfo A. Ruiz, II. (scn) (Entered: 09/18/2026)
#3
Sep 18, 2026
EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Saul Eduardo Padilla-Damas. Responses due by 10/2/2026. (scn) (Entered: 09/18/2026)
Main Document:
Preliminary Injunction AND Temporary Restraining Order
#4
Sep 18, 2026
Clerks Notice of Receipt of Filing Fee received on 9/18/2026 in the amount of $ 5.00, receipt number FLS322847. (vt) (Entered: 09/18/2026)
Main Document:
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
#5
Sep 18, 2026
PAPERLESS ORDER denying Petitioner's 3 Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. Petitioner asks the Court to "immediately grant" a temporary restraining order prohibiting Respondents from "transferring Petitioner or executing his removal." Mot. at 2 (cleaned up).Petitioner has not satisfied Federal Rule of Civil Procedure 65(b)(1). A court may issue a temporary restraining order without notice only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Although Petitioner alleges that, "[i]f removed to Honduras," he faces serious harm and that transfer "will sever his connection with local counsel and his U.S. citizen spouse," Mot. at 2, he identifies no scheduled removal, transfer, or other concrete action showing that either injury will occur before Respondents can be heard. Nor does the Motion certify any efforts to provide Respondents notice or explain why notice should not be required, as Rule 65(b)(1)(B) requires.Even setting aside these procedural deficiencies, the Court lacks jurisdiction to enjoin Petitioner's transfer to another immigration facility. Sections 1252(a)(2)(B) and 1231(g)(1) "strip the Court of jurisdiction to enjoin the government from transferring immigration detainees to other districts, as those decisions fall within the discretion of the Attorney General." Guerra-Castro v. Parra, No. 25-CV-22487, 2025 WL 1984300, at *2 (S.D. Fla. July 17, 2025); see also Rivera Diaz v. Krome N. Serv. Processing Ctr., No. 26-CV-22704-RAR (S.D. Fla. June 10, 2026) ("[T]he Court finds that it lacks jurisdiction to grant Petitioner's request to enjoin Respondent from transferring him to another facility.").Accordingly, the 3 Emergency Motion is DENIED. The Court will issue an Order to Show Cause by separate order. Signed by Judge Rodolfo A. Ruiz, II on 9/18/2026. (mro) (Entered: 09/18/2026)
Sep 18, 2026
Judge Assignment
Sep 18, 2026
Order on Motion for Preliminary Injunction AND Order on Motion for Temporary Restraining Order
#6
Sep 21, 2026
ORDER TO SHOW CAUSE why 1 Application/Petition (Complaint) for Writ of Habeas Corpus, should not be Granted. Show Cause Response due by 10/2/2026. Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 9/21/2026. See attached document for full details. (ls) (Entered: 09/21/2026)
Main Document:
Order to Show Cause
#7
Sep 21, 2026
NOTICE of Attorney Appearance by Carolina Perez Schmerold on behalf of Attorney General of the United States, ICE ERO Miramar Facility, Miami Field Office, Miami Field Office Director, Garrett J. Ripa, U.S. ICE Director & Secretary. Attorney Carolina Perez Schmerold added to party Attorney General of the United States(pty:res), Attorney Carolina Perez Schmerold added to party ICE ERO Miramar Facility (pty:res), Attorney Carolina Perez Schmerold added to party Miami Field Office(pty:res), Attorney Carolina Perez Schmerold added to party Miami Field Office Director(pty:res), Attorney Carolina Perez Schmerold added to party Garrett J. Ripa(pty:res), Attorney Carolina Perez Schmerold added to party U.S. ICE Director & Secretary(pty:res). (Schmerold, Carolina) (Entered: 09/21/2026)
Main Document:
Notice of Attorney Appearance
Sep 21, 2026
~Util - Terminate Civil Case
Sep 21, 2026
Civil Case Terminated. Case closed for administrative purposes only. (ls)(per DE #6) Modified text/status per Chambers on 9/21/2026 (sk).
Parties
ICE ERO Miramar Facility
Party
Padilla-Damas
Party