Southern District of Georgia • 5:26-cv-00164

#1

Jan 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16996420.), filed by OMAR GABRIEL AGURCIA ESPINOZA. (Attachments: # 1 Text of Proposed Order Order, # 2 Memorandum Memo of Law, # 3 Exhibit Exhibit bond hearing package, # 4 Exhibit Exhibit B order of IJ, # 5 Certificate of Service Certificate of Service all, # 6 Civil Cover Sheet Civ Cover Sheet)(BREAUX, TYLER) (Entered: 01/14/2026)

Jan 14, 2026

Judge Evelyn Padin added. (jjc, )

#2

Jan 15, 2026

TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which he alleges that he is unlawfully detained under 8 U.S.C. § 1225. D.E. 1 ("Petition"). Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2)), this District's recent decision in Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a), which entitles him to a bond hearing. It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), Respondents shall, within 7 days of this Order, provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within 3 days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this District previously addressing § 1225, they shall file, within 5 days of this Order, an expedited answer, and Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. So Ordered by Judge Evelyn Padin on 1/15/2026. (bt) (Entered: 01/15/2026)

#3

Jan 20, 2026

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney BROOKS E. DOYNE for KRISTI NOEM,BROOKS E. DOYNE for DAVID PAULK added.. (DOYNE, BROOKS) (Entered: 01/20/2026)

#4

Jan 20, 2026

RESPONSE to Petition for Writ of Habeas Corpus Seeking Dismissal or Transfer by KRISTI NOEM, DAVID PAULK.(DOYNE, BROOKS) (Entered: 01/20/2026)

#5

Jan 23, 2026

REPLY to Response re 4 Response to Habeas Petition. (BREAUX, TYLER) (Entered: 01/23/2026)

#6

Feb 05, 2026

Order transferring case to the United States District Court, Southern District of Georgia.. Signed by Judge Evelyn Padin on 2/5/2026. (dnw). (N.M) (Entered: 02/05/2026)

Feb 05, 2026

***Civil Case Terminated. (dnw)

#7

Feb 06, 2026

Case transfer in from District of New Jersey; Case Number 2:26-cv-00436. Case transferred electronically (Entered: 02/06/2026)

#8

Feb 06, 2026

NOTICE of Transfer. (pts) (Entered: 02/06/2026)

#9

Feb 24, 2026

NOTICE of Filing Deficiency re 8 Notice of Transfer. Compliance due by 3/10/2026. (kjm) (Entered: 02/24/2026)

#10

Mar 03, 2026

ORDER Directing USMS Service of Process re 1 Petition for Writ of Habeas Corpus and this Order upon: (1) the Attorney General of the United States; (2) the named Warden-Respondent; and (3) the civil process clerk at the office of the United States Attorney for the Southern District of Georgia. The Warden-Respondent must file an answer to the Petition within 7 business days of the date of this Order. (Folkston ICE Processing Center answer due 3/12/2026.). Signed by Magistrate Judge Benjamin W. Cheesbro on 03/03/2026. (Attachments: # 1 Attorney General - USM Form, # 2 Respondent - USM Form, and # 3 Civil Process Clerk - USM Form.) (jlh) (Entered: 03/03/2026)

Mar 03, 2026

Set/Reset Deadlines: Compliance re printing USM service packets due by 3/6/2026. (jlh)

#11

Mar 04, 2026

NOTICE of Appearance by Otto Woelke Leithart on behalf of Folkston ICE Processing Center (Leithart, Otto) (Entered: 03/04/2026)

#12

Mar 04, 2026

CERTIFICATE OF SERVICE by Folkston ICE Processing Center re 11 Notice of Appearance (Leithart, Otto) (Entered: 03/04/2026)

#13

Mar 12, 2026

Mail Returned as Undeliverable - no reason given. Mail 9 Notice sent to Omar Gabriel Agurcia Espinoza on 2/25/2026. (kjm) (Main Document 13 replaced on 3/12/2026) (kjm). (Entered: 03/12/2026)

#14

Mar 12, 2026

RESPONSE to 10 Order Directing USMS Service of Process,,, Set Deadlines,, 1 Petition for Writ of Habeas Corpus, filed by Omar Gabriel Agurcia Espinoza filed by Folkston ICE Processing Center. (Attachments: # 1 Exhibit Order of IJ re Bond, # 2 Exhibit Motion for Bond under 1226(a))(Leithart, Otto) (Entered: 03/12/2026)

#15

Apr 02, 2026

MOTION to Dismiss for Lack of Jurisdiction by Folkston ICE Processing Center. Responses due by 4/16/2026. (Leithart, Otto) (Entered: 04/02/2026)

Apr 02, 2026

MOTIONS REFERRED: 15 MOTION to Dismiss for Lack of Jurisdiction (thb)

#16

May 11, 2026

U.S. Marshal Return Executed as to Attorney General on 04/13/2026; USMS Service Remark: Certificate of Service as to Attorney General signed by Evie Sassale on 04/13/2026; U.S. Marshal Return Executed as to Civil Process Clerk on 03/24/2026; U.S. Marshal Return Executed as to Folkston ICE Processing Center on 03/26/2026. (jlh) Modified on 5/11/2026 (csr). (Entered: 05/11/2026)

#17

Jun 09, 2026

ORDER TO SHOW CAUSE. The Court ORDERS Petitioner to show cause why the Court should not grant Respondent's Motion as unopposed and dismiss this cause of action based on Petitioner's failure to follow this Court's Orders and Local Rules on or before 6/19/2026. (Show Cause Response due by 6/19/2026.) Signed by Magistrate Judge Benjamin W. Cheesbro on 6/9/2026. (amd) (Entered: 06/09/2026)

#18

Jun 23, 2026

Mail Returned as Undeliverable/Inmate not here/Return to sender. Mail 17 Order sent to Omar Gabriel Agurcia Espinoza on 6/9/2026. (SLC) (Entered: 06/23/2026)

#19

Sep 03, 2026

REPORT AND RECOMMENDATIONS of the U.S. Magistrate Judge recommending the Court grant as unopposed Respondent's 15 MOTION to Dismiss dismiss, dismiss without prejudice Espinoza's 1 Petition for Writ of Habeas Corpus, direct the Clerk of Court to close this case and enter the appropriate judgment of dismissal, and deny Espinoza leave to appeal in forma pauperis. Objections to R&R due by 9/17/2026. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/3/2026. (jsh) (Entered: 09/03/2026)

#20

Sep 17, 2026

Mail Returned as Undeliverable/Detainee not here/Return to Sender. Mail 19 R&R sent to Omar Gabriel Agurcia Espinoza on 9/3/2026. (SLC) (Entered: 09/17/2026)

#21

Sep 21, 2026

ORDER ADOPTING the 19 REPORT AND RECOMMENDATIONS as the Court's opinion, granting as unopposed Respondent's 15 Motion to Dismiss and dismissing without prejudice Espinoza's 1 Petition for Writ of Habeas Corpus based on his failure to follow this Court's Order, directing the Clerk of Court to close this case and enter the appropriate judgment of dismissal, and denying Espinoza IFP status on appeal. Signed by Judge Lisa G. Wood on 09/21/2026. (jlh) (Entered: 09/21/2026)

#22

Sep 23, 2026

JUDGMENT. Signed by Judge Lisa G. Wood on 09/23/2026. (vbo) (Entered: 09/23/2026)

#23

Oct 07, 2026

Mail Returned as Undeliverable - detainee not here. Mail 22 Judgment sent to Omar Gabriel Agurcia Espinoza on 9/23/2026. (kjm) (Entered: 10/07/2026)

#24

Oct 08, 2026

Mail Returned as Undeliverable/Detainee Not Here. Mail sent to Omar Gabriel Agurcia Espinoza re 21 Order. (amd) (Entered: 10/08/2026)