Southern District of Florida • 0:26-cv-60356
Sandoval Martinez v. Nunez
Completed
Case Information
Filed: February 09, 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: April 21, 2026
Last Activity:
September 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 09, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19202215, filed by Marvin Sandoval Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Summon(s), # 8 Summon(s), # 9 Summon(s))(Garcia, Kenia) (Entered: 02/09/2026)
#2
Feb 09, 2026
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (kpe) Modified text on 2/10/2026 (kpe). (Entered: 02/10/2026)
#3
Feb 10, 2026
Summons Issued as to Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Carlos Nunez, Garret Ripa, U.S. Attorney. (kpe) (Entered: 02/10/2026)
Main Document:
Summons Issued as to USA
#4
Feb 10, 2026
Summons Reissued as to Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Carlos Nunez, Garret Ripa, U.S. Attorney. (kpe) (Entered: 02/10/2026)
Main Document:
Summons Reissued
#5
Feb 10, 2026
CLERK'S NOTICE RENUMBERING CASE DUE TO CHANGE OF VENUE. The new case number is 26-cv-60356-DPG (kpe) (Entered: 02/10/2026)
Feb 10, 2026
Clerk's Notice of Judge Assignment and Optional Consent
Feb 10, 2026
Clerk's Notice Renumbering Case Due to Change of Venue
#6
Feb 16, 2026
SUPPLEMENT Proposed Summons for Cynthia Swain by Marvin Sandoval Martinez (Garcia, Kenia) (Entered: 02/16/2026)
Main Document:
Supplement
#7
Feb 17, 2026
NOTICE of Attorney Appearance by Jeanette Marie Lugo on behalf of Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Carlos Nunez, Garret Ripa, Cynthia Swain. Attorney Jeanette Marie Lugo added to party Pamela Bondi(pty:res), Attorney Jeanette Marie Lugo added to party Executive Office for Immigration Review(pty:res), Attorney Jeanette Marie Lugo added to party Todd Lyons(pty:res), Attorney Jeanette Marie Lugo added to party Kristi Noem(pty:res), Attorney Jeanette Marie Lugo added to party Carlos Nunez(pty:res), Attorney Jeanette Marie Lugo added to party Garret Ripa(pty:res), Attorney Jeanette Marie Lugo added to party Cynthia Swain(pty:res). (Lugo, Jeanette) (Entered: 02/17/2026)
Main Document:
Notice of Attorney Appearance
#8
Feb 24, 2026
ORDER: Accordingly, it is ORDERED AND ADJUDGED that the Motion is granted. Within twenty (20) days of this Order, Respondents shall file a memorandum of fact and law to show cause why Petitioner's Petition for Writ of Habeas Corpus and Request for Order to Show Cause [ECF No. 1 ] should not be granted. Signed by Judge Darrin P. Gayles on 2/24/2026. See attached document for full details. (wce) (Entered: 02/24/2026)
Main Document:
Order to Show Cause
#9
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Carlos Nunez served on 2/18/2026, response/answer due 4/20/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#10
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Pamela Bondi served on 2/21/2026, response/answer due 4/22/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#11
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Garret Ripa served on 2/18/2026, response/answer due 4/20/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#12
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Cynthia Swain served on 2/21/2026, response/answer due 4/22/2026. (For Image See De# 10 ) (cds) (Entered: 03/13/2026)
#13
Mar 13, 2026
Clerk's Notice to Filer re 10 Summons Returned Executed as to USA. Incorrect Party Entered; ERROR - The incorrect Party was entered. The correction was made by the Clerk and filing was re-docketed, see De#12. It is not necessary to refile this document. (cds) (Entered: 03/13/2026)
#14
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Todd Lyons served on 2/20/2026, response/answer due 4/21/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#15
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Kristi Noem served on 2/20/2026, response/answer due 4/21/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#16
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Pamela Bondi served on 2/23/2026, response/answer due 4/24/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#17
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. Executive Office for Immigration Review served on 2/20/2026, response/answer due 4/21/2026. (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
#18
Mar 13, 2026
SUMMONS (Affidavit) Returned Executed by Marvin Sandoval Martinez. U.S. Attorney's Office served on 3/9/2026, response/answer due 5/8/2026 (Garcia, Kenia) (Entered: 03/13/2026)
Main Document:
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
Mar 13, 2026
Summons (Affidavit) Returned EXECUTED AS TO USA DFTS
Mar 13, 2026
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
#19
Mar 16, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 8 Order to Show Cause, by Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Carlos Nunez, Garret Ripa, Cynthia Swain. (Attachments: # 1 Exhibit 1 - Form I-862, Notice to Appear (NTA), dated October 9, 2018, # 2 Exhibit 2 - Form I-213, Record of Deportable/Inadmissible Alien (Form I-213), dated April 21, 2025, # 3 Exhibit 3 - Form I-213, dated October 9, 2018, # 4 Exhibit 4 - Detention History, # 5 Exhibit 5 - Form I-286, Notice of Custody Determination, dated October 9, 2018, # 6 Exhibit 6 - Declaration, # 7 Exhibit 7 - Order of the Immigration Judge, dated November 15, 2018, # 8 Exhibit 8 - Form I-286, Notice of Custody Determination, dated April 21, 2025, # 9 Exhibit 9 - Order of the Immigration Judge, dated June 26, 2025, # 10 Exhibit 10 - Order of the Immigration Judge, dated July 11, 2025, # 11 Exhibit 11 - Filing Receipt for Appeal or Motion, dated August 11, 2025, # 12 Exhibit 12 - Filing Receipt for Appeal or Motion, dated October 28, 2025)(Lugo, Jeanette) (Entered: 03/16/2026)
Main Document:
Response to Order to Show Cause
#20
Mar 19, 2026
REPLY to 19 Response to Order to Show Cause,,,, by Marvin Sandoval Martinez. (Garcia, Kenia) (Entered: 03/19/2026)
Main Document:
Reply to Response to Order to Show Cause
#21
Apr 21, 2026
ORDER: Petitioner Marvin Sandoval Martinez's Petition for Writ of Habeas Corpus and Request for Order to Show Cause, [ECF No. 1 ], is GRANTED IN PART. Respondents shall afford Petitioner an individualized bond hearing consistent with 8 U.S.C. § 1226(a) on or before May 6, 2026. This case is CLOSED for administrative purposes. Closing Case. Signed by Judge Darrin P. Gayles on 4/21/2026. See attached document for full details. (wce) (Entered: 04/22/2026)
Main Document:
Order Dismissing/Closing Case or Party
#22
Jun 02, 2026
Supplemental Reply Regarding Constitutionally Deficient Bond Hearing, Continued Prolonged Detention, Substantive Due Process Violation by Marvin Sandoval Martinez. (wce) (Additional attachment(s) added on 6/3/2026: # 1 Supplement) (ebz). (Entered: 06/03/2026)
Main Document:
Response/Reply (Other)
#23
Jun 02, 2026
Request for Immediate Release by Marvin Sandoval Martinez. Responses due by 6/16/2026. (Please See DE 22 for Image)(wce) (Entered: 06/03/2026)
Jun 03, 2026
Miscellaneous Relief
#24
Jun 09, 2026
SUPPLEMENTAL DECLARATION AND NOTICE OF HUMANITARIAN EVIDENCE IN SUPPORT OF RELEASE to 23 MOTION Request for Immediate Release re 22 Response/Reply (Other) by Marvin Sandoval Martinez. (ebz) (Entered: 06/10/2026)
Main Document:
Supplement
#25
Jul 20, 2026
Motion Requesting Immediate Ruling on 23 Pending Motions and Renewed Request for Immediate Release by Marvin Sandoval Martinez. Responses due by 8/3/2026. (wce) (Entered: 07/21/2026)
Main Document:
Expedite AND Miscellaneous Relief
#26
Jul 27, 2026
Motion Requesting an Immediate Ruling on Pending Motions and Renewing Request for Immediate Release by Marvin Sandoval Martinez. Responses due by 8/10/2026. (wce) (Entered: 07/28/2026)
Main Document:
Expedite AND Miscellaneous Relief
#27
Aug 07, 2026
Notice of Reassignment of Assistant U.S. Attorney by Brittany B. Brock on behalf of Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Carlos Nunez, Garret Ripa, Cynthia Swain. Attorney Jeanette Marie Lugo terminated.. Attorney Brittany B. Brock added to party Pamela Bondi(pty:res), Attorney Brittany B. Brock added to party Executive Office for Immigration Review(pty:res), Attorney Brittany B. Brock added to party Todd Lyons(pty:res), Attorney Brittany B. Brock added to party Kristi Noem(pty:res), Attorney Brittany B. Brock added to party Carlos Nunez(pty:res), Attorney Brittany B. Brock added to party Garret Ripa(pty:res), Attorney Brittany B. Brock added to party Cynthia Swain(pty:res). (Brock, Brittany) (Entered: 08/07/2026)
Main Document:
Notice of Reassignment of AUSA/AFPD
#28
Aug 20, 2026
PAPERLESS ORDER denying without prejudice Petitioner's pro se 23 Request for Immediate Release, 25 Motion Requesting Immediate Ruling on Pending Motions and Renewed Request for Immediate Release, and 26 Motion Requesting an Immediate Ruling on Pending Motions and Renewed Request for Immediate Release (together, the "Motions"). Through counsel, Petitioner filed a Petition for Writ of Habeas Corpus on February 9, 2026. [ECF No. 1]. On April 21, 2026, the Court granted the Petition in part and ordered Respondents to provide Petitioner with an individualized bond hearing. [ECF No. 21]. Despite having counsel, Petitioner subsequently filed the instant pro se Motions, requesting his immediate release and an immediate ruling on his pending Motions. The pro se Motions must be denied because Petitioner still has counsel of record. See S.D. Fla. L.R. 11.1(d)(4) ("Whenever a party has appeared by attorney, the party cannot thereafter appear or act on the party's own behalf in the action or proceeding, or take any step therein, unless an order of substitution shall first have been made by the Court, after notice to the attorney of such party, and to the opposite party[.]"). See also United States v. Dale, 618 F. App'x 494, 497 (11th Cir. 2015) (finding that "the district court did not abuse its discretion in denying [a party's] pro se motion, filed while he was represented" by counsel). Signed by Judge Darrin P. Gayles on 8/20/2026. (ia00) (Entered: 08/20/2026)
Aug 20, 2026
Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion to Expedite AND Order on Motion to Expedite
#29
Sep 09, 2026
Petitioner's Supplemental Motion Requesting De Novo Review of the Custody Determination, in Support of the Pending Motions for Immediate Resolutoon and Release (of 25, 26) and Alleging Additional Violations of the Constitution and Federal Law by Marvin Sandoval Martinez. Responses due by 9/23/2026. (Attachments: # 1 Exhibit)(jas) (Entered: 09/11/2026)
Main Document:
Miscellaneous Relief
#30
Sep 09, 2026
Letter to the Court from Marvin Sandoval Martinez. (jas) (Entered: 09/11/2026)
Main Document:
Letter
#31
Sep 14, 2026
PAPERLESS ORDER. By September 21, 2026, Petitioner's counsel of record, Kenia Garcia, shall file a notice with the Court advising whether she is still representing Plaintiff. If Ms. Garcia is no longer representing Petitioner, then she shall file a motion to withdraw by September 22, 2026. Signed by Judge Darrin P. Gayles on 9/14/2026. (sci) (Entered: 09/14/2026)
#32
Sep 14, 2026
RESPONSE to 31 Order, by Marvin Sandoval Martinez. (Garcia, Kenia) (Entered: 09/14/2026)
Main Document:
Response/Reply (Other)
#33
Sep 14, 2026
MOTION to Withdraw as Attorney by Kenia Garcia for / by Marvin Sandoval Martinez. Responses due by 9/28/2026. (Attachments: # 1 Text of Proposed Order)(Garcia, Kenia) (Entered: 09/14/2026)
Main Document:
Withdraw as Attorney
Sep 14, 2026
- Order (PAPERLESS or pdf attached)
#34
Sep 16, 2026
PAPERLESS ORDER granting 33 Motion to Withdraw as Attorney by Kenia Garcia. The Clerk of Court shall terminate Ms. Garcia as Petitioner's counsel of record. Signed by Judge Darrin P. Gayles on 9/16/2026. (sci) (Entered: 09/16/2026)
Sep 16, 2026
Order on Motion to Withdraw as Attorney
#35
Sep 17, 2026
PAPERLESS ORDER. In his Supplemental Motion Requesting De Novo Review of the Custody Determination [ECF No. 29], Petitioner asserts that the Immigration Judge violated this Court's Order directing Respondents to provide him with an individualized bond hearing. See [ECF No. 21]. Therefore, on or before September 23, 2026, the Respondents shall file a response explaining whether Petitioner received an individualized bond hearing as ordered by this Court. Signed by Judge Darrin P. Gayles on 9/17/2026. (sci) (Entered: 09/17/2026)
#36
Sep 17, 2026
RESPONSE to 35 Order,, by Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Carlos Nunez, Garret Ripa, Cynthia Swain. (Attachments: # 1 Exhibit A - IJ Bond Order, # 2 Exhibit B - Appeal receipt)(Brock, Brittany) (Entered: 09/17/2026)
Main Document:
Response/Reply (Other)
#37
Sep 17, 2026
PAPERLESS ORDER denying Petitioner's 29 Supplemental Motion Requesting De Novo Review of the Custody Determination. In his Supplemental Motion, Petitioner asserts that an Immigration Judge failed to provide him with an individualized bond hearing in violation of this Court's previous Order [ECF No. 21]. The Court ordered Respondents to file a response, which they did on September 17, 2026. [ECF No. 36]. Attached to their Response, Respondents provide a copy of the Immigration Judge's order denying Petitioner's request for release on bond. [ECF No. 36-1]. After reviewing that order, this Court is satisfied that Respondents complied with this Court's Order. Therefore, Petitioner's Supplemental Motion is DENIED. Signed by Judge Darrin P. Gayles on 9/17/2026. (sci) (Entered: 09/17/2026)
Sep 17, 2026
- Order (PAPERLESS or pdf attached)
Sep 17, 2026
Order on Motion for Miscellaneous Relief
Parties
Nunez
Party
Sandoval Martinez
Party