Northern District of Florida • 4:26-cv-00167
GRATEROL v. IMMIGRATION AND CUSTOMS ENFORCEMENT DEPARTMENT OF HOMELAND SECURITY
Completed
Case Information
Filed: April 09, 2026
Assigned to:
T. Kent Wetherell II
Referred to:
Martin A. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 01, 2026
Last Activity:
August 11, 2026
Parties:
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Docket Entries
#1
Apr 09, 2026
PETITION for Writ of Habeas Corpus, filed by XIOMAR JAVIER MONTILLA GRATEROL. (sjb)(No service copies provided) (Entered: 04/10/2026)
Main Document:
PETITION
#2
Apr 09, 2026
Filing fee: $ 5.00, receipt number 400006957. Fee status updated to paid. (sjb) (Entered: 04/10/2026)
#3
Apr 10, 2026
Notice to Pro Se (sjb) (Entered: 04/10/2026)
Main Document:
Notice
Apr 10, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 2 Filing Fee Received, 1 Petition for Writ of Habeas Corpus. (sjb)
#4
Apr 17, 2026
ORDER - The Clerk of Court shall send Petitioner another copy of this Court's § 2241 habeas petition. The Clerk of Court shall seal the original petition, ECF No. 1, pursuant to Rule 5.2. The Clerk of Court shall return this file upon Petitioner's compliance with this Order, or no later than 5/8/2026. Amended Pleadings due by 5/8/2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 4/17/26. (sjb)(Clerk provided form and sealed filing) (Entered: 04/17/2026)
Main Document:
ORDER
#5
Apr 21, 2026
NOTICE of Appearance by LENNARD B REGISTER, III on behalf of CALL FIELD OFFICE TALLAHASSEE FL, IMMIGRATION AND CUSTOMS ENFORCEMENT DEPARTMENT OF HOMELAND SECURITY (REGISTER, LENNARD) (Entered: 04/21/2026)
Main Document:
NOTICE
#6
Apr 23, 2026
ORDER - The Clerk of Court shall file a copy of this Order in Petitioner's second habeas case - case number 4:26cv167-TKW-MAF. The Clerk of Court shall update Petitioner's address on the docket to reflect Petitioner is held at the Liberty County Jail, 12499 Pogo Street, Bristol, FL 32321. The Clerk of Court shall send Petitioner another copy of the two Orders, ECF Nos. 8 - 9, which were recently returned as undeliverable, see ECF Nos. 12 - 13, as well as a printed copy of the docket sheet for this case. Petitioner has until 5/15/2026, to file either an amended habeas petition or a notice of voluntary dismissal under Rule 41. The Clerk of Court shall send Petitioner a § 2241 habeas petition so that Petitioner can file the amended petition. The Clerk of Court shall return this file upon Petitioner's compliance with this Order, or no later than 5/15/2026. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 4/23/2026. (baf) (***Copy of order docketed in this case pursuant to ECF No. 14 in 4:26-cv-00165-TKW-MAF***.) (Entered: 04/23/2026)
Main Document:
ORDER
#7
Apr 27, 2026
FIRST AMENDED PETITION for Writ of Habeas Corpus, filed by XIOMAR JAVIER MONTILLA GRATEROL. (sjb)(No service copies provided) (Entered: 04/28/2026)
Main Document:
FIRST
#8
Apr 27, 2026
NOTICE of Change of Address by XIOMAR JAVIER MONTILLA GRATEROL (sjb)(Address on file is the same as what new address is provided) (Entered: 04/28/2026)
Main Document:
NOTICE
#9
Apr 27, 2026
CERTIFICATE OF SERVICE by XIOMAR JAVIER MONTILLA GRATEROL (sjb) (Entered: 04/28/2026)
Main Document:
CERTIFICATE
#10
Apr 27, 2026
RESPONSE REGARDING THE FILING OF HABEAS CORPUS PETITION IN ACCORDANCE WITH JUDGE'S REQUIREMENTS CONCERNING THE HANDWRITTEN SIGNATURE by XIOMAR JAVIER MONTILLA GRATEROL (sjb) (Entered: 04/28/2026)
Main Document:
RESPONSE
Apr 28, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 8 Notice of Change of Address, 10 Response, 9 Certificate of Service, 7 Petition for Writ of Habeas Corpus. (sjb)
#11
Apr 30, 2026
ORDER - The Clerk of Court shall send Petitioner another copy of this Court's § 2241 habeas petition. The Clerk of Court shall return this file upon Petitioner's compliance with this Order, or no later than 5/14/2026. Amended Pleadings due by 5/14/2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 4/30/26. (sjb)(Clerk provided form) (Entered: 04/30/2026)
Main Document:
ORDER
#12
May 21, 2026
SECOND AMENDED PETITION for Writ of Habeas Corpus, filed by XIOMAR JAVIER MONTILLA GRATEROL. (Attachments: # 1 Attachment 1) (sjb) (Entered: 05/22/2026)
Main Document:
SECOND
May 21, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 11 Order ( No amended filing received) (sjb)
May 22, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 12 Amended Petition for Writ of Habeas Corpus. (sjb)
#13
May 26, 2026
ORDER - The Clerk of Court shall immediately prepare and send sufficient copies of this Order, the second amended petition, ECF No. 12, and summons to the Secretary of Homeland Security, Markwayne Mullin. The Clerk of Court shall prepare copies of this Order, the petition, ECF No. 12, and summons, and immediately serve those documents on the Acting Attorney General of the United States Todd Blanche and the United States Attorney for this District who shall have until 6/2/2026, in which to file an answer or similar response to the petition. The Clerk of Court shall return this file upon the filing of an answer or other response, or no later than 6/2/2026. Petitioner shall have until 6/9/2026, in which to file a traverse to the answer filed by Respondents. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/26/26. (sjb)(Clerk provided order, petition & summons as directed). (Entered: 05/27/2026)
Main Document:
ORDER
#14
May 26, 2026
Summons Issued as to MARKWAYNE MULLIN, TODD BLANCHE & USAO. (Attachments: # 1 BLANCHE, # 2 USAO) (sjb) (Entered: 05/27/2026)
#15
May 29, 2026
MOTION to Dismiss as Moot by CALL FIELD OFFICE TALLAHASSEE FL, IMMIGRATION AND CUSTOMS ENFORCEMENT DEPARTMENT OF HOMELAND SECURITY. (Internal deadline for referral to judge if response not filed earlier: 6/12/2026). (Attachments: # 1 Exhibit 1_Order of Immigration Judge Setting Bond, # 2 Exhibit 2_Detention History Reflecting Release from Custody) (REGISTER, LENNARD) (Entered: 05/29/2026)
Main Document:
MOTION
#16
Jun 01, 2026
ORDER DISMISSING HABEAS PETITION AS MOOT. Respondents' motion to dismiss (Doc. 15 ) is GRANTED, and this case is DISMISSED as moot. The Clerk shall close this case. Signed by JUDGE T KENT WETHERELL II on 06/01/2026. (alb) (Entered: 06/01/2026)
Main Document:
ORDER
Jun 01, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 15 MOTION to Dismiss as Moot. Referred to MARTIN A FITZPATRICK. (sjb)
#17
Jun 18, 2026
Mail Returned as Undeliverable. Re: 13 ORDER. Return to Sender. (sjb) (Entered: 06/22/2026)
Main Document:
Mail
Jun 22, 2026
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 17 Mail Returned. (sjb)
#18
Jun 30, 2026
Mail Returned as Undeliverable/Refused. Mail sent to Xiomar Javier Montilla Graterol Re: 16 ORDER DISMISSING HABEAS PETITION AS MOOT. Mail forwarded to PO Box 67, Bristol FL 32321-0067, address listed on envelope of Doc 12 .) (Attachments: # 1 Clerks Returned Mail Letter) (alb) (Entered: 06/30/2026)
Main Document:
Mail
#19
Aug 11, 2026
Mail Returned as Undeliverable, Refused unable to forward. Mail sent to XIOMAR JAVIER MONTILLA GRATEROL Re: 16 ORDER DISMISSING HABEAS PETITION AS MOOT. 18 Clerks letter regarding previous returned mail. (No other alternate address found, mail not forwarded.) (alb) (Entered: 08/12/2026)
Main Document:
Mail
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