Southern District of Florida • 1:25-cv-23845

Aguilar Merino v. Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office

Completed

Case Information

Filed: August 26, 2025
Assigned to: Jose E. Martinez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: November 04, 2025
Last Activity: May 19, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2025
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-18736681, filed by Cristian Aguilar Merino. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Summon(s), # 15 Text of Proposed Order)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Montanez, Felix) (Entered: 08/26/2025)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Aug 26, 2025
Clerks Notice of Judge Assignment to Judge Jose E. Martinez. (blc) (Entered: 08/27/2025)
#3
Aug 27, 2025
Summons Issued as to PAM BONDI, Kristi Noem, Garrett Ripa, U.S. Attorney and U.S. Attorney General (blc) (Entered: 08/27/2025)
Main Document: Summons Issued as to USA
#4
Aug 27, 2025
NOTICE of Attorney Appearance by Tensie Margie Rivera on behalf of Cristian Aguilar Merino. Attorney Tensie Margie Rivera added to party Cristian Aguilar Merino(pty:pet). (Rivera, Tensie) (Entered: 08/27/2025)
Main Document: Notice of Attorney Appearance
#5
Aug 27, 2025
NOTICE of Attorney Appearance by Daniela Carolina Fletes on behalf of Cristian Aguilar Merino. Attorney Daniela Carolina Fletes added to party Cristian Aguilar Merino(pty:pet). (Fletes, Daniela) (Entered: 08/27/2025)
Main Document: Notice of Attorney Appearance
#6
Aug 27, 2025
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ian Austin Rose. Filing Fee $ 250.00 Receipt # AFLSDC-18739024 by Cristian Aguilar Merino. Responses due by 9/10/2025. (Rivera, Tensie) (Entered: 08/27/2025)
Main Document: Appear Pro Hac Vice - aty
#7
Aug 27, 2025
ORDER granting 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Ian Austin Rose, Esq.. Signed by Judge Jose E. Martinez on 8/27/2025. See attached document for full details. (pc) (Entered: 08/27/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
Aug 27, 2025
Clerk's Notice of Judge Assignment and Optional Consent
#8
Aug 28, 2025
MOTION for Order to Show Cause by Cristian Aguilar Merino. (Attachments: # 1 Exhibit Certified Mail Receipts, # 2 Text of Proposed Order)(Montanez, Felix) (Entered: 08/28/2025)
Main Document: Show Cause
#9
Aug 29, 2025
ORDER TO SHOW CAUSE. Petitioner's Motion for Order to Show Cause ECF 8 is GRANTED. Signed by Judge Jose E. Martinez on 8/29/2025. See attached document for full details. (blc) (Entered: 09/02/2025)
Main Document: Order on Motion to Show Cause
#10
Sep 04, 2025
CERTIFICATE OF SERVICE by Cristian Aguilar Merino re 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, (Attachments: # 1 Exhibit)(Montanez, Felix) (Entered: 09/04/2025)
Main Document: Certificate of Service
#11
Sep 05, 2025
Agreed NOTICE Clarifying Return Due Date by Attorney General of the United States, Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office, Secretary of the Department of Homeland Security. Attorney Marlene Rodriguez added to party Attorney General of the United States(pty:res), Attorney Marlene Rodriguez added to party Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office(pty:res), Attorney Marlene Rodriguez added to party Secretary of the Department of Homeland Security(pty:res). (Rodriguez, Marlene) (Entered: 09/05/2025)
Main Document: Notice (Other)
#12
Sep 09, 2025
RESPONSE TO ORDER TO SHOW CAUSE re 9 Order on Motion for Order to Show Cause by Attorney General of the United States, Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office, Secretary of the Department of Homeland Security. (Attachments: # 1 Exhibit Declaration)(Rodriguez, Marlene) (Entered: 09/09/2025)
Main Document: Response to Order to Show Cause
#13
Sep 09, 2025
MOTION for Leave to File and Permit Late Filing of Return by Attorney General of the United States, Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office, Secretary of the Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Rodriguez, Marlene) (Entered: 09/09/2025)
Main Document: Leave to File Document
#14
Sep 09, 2025
Defendant's NOTICE of Filing Exhibits in Support of Return Opposing Petition for Writ of Habeas Corpus by Attorney General of the United States, Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office, Secretary of the Department of Homeland Security re 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, 12 Response to Order to Show Cause, (Attachments: # 1 Exhibit A - Form I-213, # 2 Exhibit B - ORR Release, # 3 Exhibit C - Declaration, # 4 Exhibit D - Criminal Record, # 5 Exhibit E - IJ Bond Order, # 6 Exhibit F - NTA - Aug 2025) (Rodriguez, Marlene) (Entered: 09/09/2025)
Main Document: Notice (Other)
#15
Sep 09, 2025
PAPERLESS ORDER ACCEPTING 13 Respondents' late filing. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Jose E. Martinez on 9/9/2025. (lsn) (Entered: 09/09/2025)
Sep 09, 2025
Order on Motion for Leave to File
#16
Sep 11, 2025
REPLY to 12 Response to Order to Show Cause, by Cristian Aguilar Merino. (Attachments: # 1 Exhibit 13)(Montanez, Felix) (Entered: 09/11/2025)
Main Document: Reply to Response to Order to Show Cause
#17
Sep 12, 2025
PAPERLESS Order Setting Hearing on 1 Petition for Writ of Habeas Corpus. Hearing set for 9/16/2025 at 1:30 PM for ninety minutes in Miami Division before Judge Jose E. Martinez. The parties shall promptly notify the Court if they will require more than ninety minutes. Signed by Judge Jose E. Martinez on 9/12/2025. (bbp) (Entered: 09/12/2025)
Sep 12, 2025
Order Setting/Resetting/Cancelling Hearing
#18
Sep 15, 2025
MOTION to Dismiss for Lack of Jurisdiction by Attorney General of the United States, Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office, Secretary of the Department of Homeland Security. Responses due by 9/29/2025. (Attachments: # 1 Exhibit 1 (September 12 bond decision))(Rodriguez, Marlene) (Entered: 09/15/2025)
Main Document: Dismiss/Lack of Jurisdiction
#19
Sep 16, 2025
RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction filed by Cristian Aguilar Merino. Replies due by 9/23/2025. (Attachments: # 1 Exhibit 14)(Montanez, Felix) (Entered: 09/16/2025)
Main Document: Response in Opposition to Motion
#20
Sep 16, 2025
PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Hearing on Petition for Writ of Heabeas Corpus held on 9/16/2025. Arguments heard from both sides. Parties shall file proposed orders no later than September 19, 2025. Total time in court: 38 minutes. Attorney Appearances: Ian Austin Rose, Tensie Margie Rivera, Daniela Carolina Fletes, Felix Alberto Montanez, Marlene Rodriguez. Court Reporter: Mary Ann Casale, 305-523-5632 / MaryAnn_Casale@flsd.uscourts.gov. (lsn) (Entered: 09/16/2025)
Sep 16, 2025
Miscellaneous Hearing
#21
Sep 19, 2025
NOTICE of Proposed Order by Cristian Aguilar Merino re 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, (Montanez, Felix) (Entered: 09/19/2025)
Main Document: Notice (Other)
#22
Sep 19, 2025
Clerk's Notice to Filer re 21 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (jas) (Entered: 09/19/2025)
#23
Sep 19, 2025
NOTICE of Striking 21 Notice (Other) filed by Cristian Aguilar Merino by Cristian Aguilar Merino (Rivera, Tensie) (Entered: 09/19/2025)
Main Document: Notice of Striking
#24
Sep 19, 2025
NOTICE of Filing Proposed Order by Cristian Aguilar Merino. (Attachments: # 1 Text of Proposed Order) (Rivera, Tensie) (Entered: 09/19/2025)
Main Document: Notice (Other)
Sep 19, 2025
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
#25
Sep 20, 2025
NOTICE of Filing Proposed Order by Attorney General of the United States, Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations, Miami Field Office, Secretary of the Department of Homeland Security re 20 Miscellaneous Hearing,, (Attachments: # 1 Text of Proposed Order) (Rodriguez, Marlene) (Entered: 09/20/2025)
Main Document: Notice (Other)
#26
Sep 22, 2025
Notice of Supplemental Authority by Cristian Aguilar Merino (Attachments: # 1 Exhibit 15, # 2 Exhibit 16) (Montanez, Felix) (Entered: 09/22/2025)
Main Document: Notice of Supplemental Authority
#27
Oct 06, 2025
Notice of Supplemental Authority by Cristian Aguilar Merino (Attachments: # 1 Exhibit EXHIBIT 17, # 2 Exhibit EXHIBIT 18) (Rivera, Tensie) (Entered: 10/06/2025)
Main Document: Notice of Supplemental Authority
#28
Oct 15, 2025
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS DE 1 . Respondents' Motion to Dismiss DE 18 is Denied as Moot. Respondents must release Petitioner from custody IMMEDIALTELY upon Petitioner's compliance with the Immigration Judge's August 1, 2025 Order. Signed by Judge Jose E. Martinez on 10/15/2025. See attached document for full details. (blc) (Entered: 10/15/2025)
Main Document: Order on Motion to Dismiss/Lack of Jurisdiction
Nov 04, 2025
Civil Case Terminated. Closing Case. See 28 . (lsn)
Nov 04, 2025
~Util - Terminate Civil Case
#29
May 13, 2026
Notice of Appeal
Main Document: Notice of Appeal
May 14, 2026
Transmission of Notice of Appeal and Docket Sheet to USCA
#30
May 18, 2026
Acknowledgment of Receipt from USCA
Main Document: Acknowledgment of Receipt from USCA
#31
May 19, 2026
USCA Order
Main Document: USCA Order