Southern District of Florida • 1:26-cv-26676
Orta-De La Hoz v. Miami FDC
Active
Case Information
Filed: September 24, 2026
Assigned to:
Kathleen Mary Williams
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
October 09, 2026
Parties:
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Docket Entries
#1
Sep 24, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Pedro Jose Orta-De La Hoz. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum of Law, # 3 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 09/24/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Sep 24, 2026
Judge Assignment to Judge Kathleen M. Williams (kma) (Entered: 09/24/2026)
#3
Sep 24, 2026
(STRICKEN) Emergency Motion for Temporary Restraining Order by Pedro Jose Orta-De La Hoz. Responses due by 10/8/2026. (kma) Modified Per De#5 on 9/24/2026 (cds). (Entered: 09/24/2026)
Main Document:
Temporary Restraining Order
#4
Sep 24, 2026
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On September 21, 2026, Petitioner ("Petitioner") filed a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 ("Petition") (DE [1-1] at 2) challenging his continued confinement by immigration officials. Accordingly, upon review of the Petition, it is ORDERED AND ADJUDGED as follows:(1) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(2) Within five (5) days of the date of entry of this Order, the Respondent SHALL file a memorandum of fact and law ("Response") to show cause why the Petition should not be granted and shall file all necessary documents for resolution of the Petition. Respondent shall provide Petitioner complete copies of all documents in support of its Response. See Fed. R. Civ. P. 10(c); see also Rodriguez v. Fla. Dep't of Corr., 748 F.3d 1073 (11th Cir. 2014). (3) Pursuant to Fed. R. Civ. P. 5.2, Respondent shall ensure that any exhibits attached to the response which are redacted comply with the rules governing redaction of court filings. In this regard, Respondent is reminded that redaction of an individual's first five digits of a social security number, date of birth, or the name of a minor is permitted but the redaction of documents does not apply to "the record of an administrative or agency proceeding... the official record of a state-court proceeding... [or] a pro se filing in an action brought under 28 U.S.C. §§ 2241, 2254, or 2255." See Fed. R. Civ. P. 5.2(a), (b).(4) Petitioner may, but is not required to, file a Reply within ten (10) days of Respondent's Response. The Reply shall not exceed ten (10) pages and shall otherwise comply with the Court's Local Rules governing the form of filings. See S.D. Fla. R. 7.1(c); S.D. Fla. L.R. 5.1(a)(4). Signed by Judge Kathleen M. Williams (nn) (Entered: 09/24/2026)
#5
Sep 24, 2026
PAPERLESS ORDER striking Petitioner's "Motion for Temporary Restraining Order and Preliminary Injunction" ("Motion") as it suffers from several deficiencies.First, Petitioner's Motion is styled as an expedited motion requesting an order to show cause and immediate release under 28 U.S.C. § 2241. The Court notes that it has already issued an Order to Show Cause (DE 4 ), rendering this request moot. Moreover, because Petitioner has already filed a habeas petition seeking the same relief (DE 1 ), the instant Motion appears duplicative and unnecessary. Second, although Petitioner designates the Motion as "expedited," it fails to comply with Southern District of Florida Local Rule 7.1(d)(2). Accordingly, it is ORDERED AND ADJUDGED that Petitioner's Motion is STRICKEN. The Respondent need not file a response addressing the merits of the Petitioner's Motion. Should Petitioner intend to refile the Motion, he must fully cure the deficiencies outlined above no later than October 2, 2026.To the extent Petitioner seeks both a temporary restraining order and a permanent injunction, he must file those as separate motions. If Petitioner wishes to proceed solely on his habeas petition, he shall file a notice informing the Court by the same date. Signed by Judge Kathleen M. Williams (nn) (Entered: 09/24/2026)
#6
Sep 24, 2026
INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 9/24/2026. See attached document for full details. (wce) (Entered: 09/24/2026)
Main Document:
Order of Instructions to Pro Se Litigant
Sep 24, 2026
- Order (PAPERLESS or pdf attached)
Sep 24, 2026
Judge Assignment
Sep 24, 2026
Order on Motion for Temporary Restraining Order
#7
Sep 25, 2026
Clerks Notice of Receipt of Filing Fee received on 9/24/2026 in the amount of $ 5.00, receipt number FLS323089. (vt) (Entered: 09/25/2026)
Main Document:
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
#8
Oct 07, 2026
ORDER: The Petition (DE 1 ) is GRANTED. Respondent shall IMMEDIATELY release Petitioner from custody on conditions of supervision pursuant to 8 U.S.C. § 1231(a)(3). Signed by Judge Kathleen M. Williams on 10/7/2026. See attached document for full details. (wce) (Entered: 10/07/2026)
Main Document:
- Order (PAPERLESS or pdf attached)
#9
Oct 09, 2026
Response to Order to Show Cause
Main Document:
Response to Order to Show Cause
Oct 09, 2026
- Order (PAPERLESS or pdf attached)
Oct 09, 2026
~Util - Terminate Civil Case
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