Southern District of Florida • 0:26-cv-61467

#1

May 15, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19550597, filed by Jose Dario MORENO-GUTIERREZ. (Attachments: # 1 Exhibit to Petition for Writ of Habeas Corpus, # 2 Civil Cover Sheet JS-44)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Goldstein, Steven) (Entered: 05/15/2026)

#2

May 15, 2026

Clerks Notice of Judge Assignment to Judge K. Michael Moore. (ksr) (Entered: 05/18/2026)

May 18, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#3

May 19, 2026

NOTICE of Attorney Appearance by Carolina Perez Schmerold on behalf of TODD M LYONS, Markwayne Mullin, Charles Parra, GARRETT RIPA. Attorney Carolina Perez Schmerold added to party TODD M LYONS(pty:res), Attorney Carolina Perez Schmerold added to party Markwayne Mullin(pty:res), Attorney Carolina Perez Schmerold added to party Charles Parra(pty:res), Attorney Carolina Perez Schmerold added to party GARRETT RIPA(pty:res). (Schmerold, Carolina) (Entered: 05/19/2026)

#4

May 19, 2026

PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Jared M. Strauss to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 5/19/2026. (hyn) (Entered: 05/19/2026)

#5

May 19, 2026

ORDER TO SHOW CAUSE. On or before May 29, 2026, Respondents shall file a response and show cause why the petition should not be granted. Petitioner shall have five business days to file a reply to Respondents' response to the order to show cause. Signed by Magistrate Judge Jared M. Strauss on 5/19/2026. See attached document for full details. (jva) (Entered: 05/19/2026)

May 19, 2026

Order Referring Case to Magistrate Judge

#6

May 29, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 5 Order to Show Cause, by GARRETT RIPA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Schmerold, Carolina) (Entered: 05/29/2026)

#7

Jun 04, 2026

REPLY to 6 Response to Order to Show Cause, by Jose Dario MORENO-GUTIERREZ. (Attachments: # 1 Exhibit)(Goldstein, Steven) (Entered: 06/04/2026)

#8

Jun 25, 2026

PAPERLESS ORDER. On or before July 2, 2026, counsel for both sides shall each individually file a supplemental memorandum of law that addresses the impact (if any) of the Supreme Court's recent decision in Mullin v. Doe, No. 25-1083, (U.S. June 25, 2026), on the issues presented in the petition. Signed by Magistrate Judge Jared M. Strauss on 6/25/2026. (jva) (Entered: 06/25/2026)

Jun 25, 2026

- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Deadlines

#9

Jul 01, 2026

SUPPLEMENT Memorandum of Law Regarding Inapplicability of Supreme Court Mullin Decision by Jose Dario MORENO-GUTIERREZ (Attachments: # 1 Exhibit)(Goldstein, Steven) (Entered: 07/01/2026)

#10

Jul 02, 2026

SUPPLEMENT to 8 Order,, Set/Reset Deadlines, by GARRETT RIPA (Schmerold, Carolina) (Entered: 07/02/2026)

#11

Jul 13, 2026

REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus be DENIED. Objections to R&R due by 7/27/2026. Signed by Magistrate Judge Jared M. Strauss on 7/13/2026. See attached document for full details. (jva) (Entered: 07/13/2026)

#12

Jul 20, 2026

OBJECTIONS to 11 Report and Recommendations to Magistrate Report by Jose Dario MORENO-GUTIERREZ. (Attachments: # 1 Exhibit Pet. Exhibit S)(Goldstein, Steven) (Entered: 07/20/2026)

#13

Aug 11, 2026

NOTICE that DEFENDANT Seek to Execute Order of Removal-Renewed Request for Stay (EMERGENT) by Jose Dario MORENO-GUTIERREZ (Goldstein, Steven) (Entered: 08/11/2026)

#14

Aug 12, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Emergent Notice of Defendants' Intent to Execute Petitioner's Order of Removal. 13 . Therein, Petitioner states that "Petitioner and a group of fellow Venezuelan nationals [have] been transferred to a holding cell for the intent and purpose of physically removing Petitioner[.]" Id. at 1. Petitioner requests that the Court stay his removal pending the Court's disposition of Petitioner's Petition. Id. at 2. The Court construes Petitioner's Notice as a Motion to Stay Removal. The Court lacks jurisdiction to review the "execution" of a removal order. See Castillo v. Diaz, No. 26-cv-60744, 2026 WL 957639, at *3 (S.D. Fla. Mar. 26, 2026) (explaining that district courts have jurisdiction to review detention even when there is a final order of removal, but not the execution of a removal order); 8 U.S.C. § 1252(g) ("[N]o court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision [to]... execute removal orders[.]"). The Eleventh Circuit has explained that the government's execution of a final order of removal "fall[s] squarely within" the statute's jurisdictional bar. Camarena v. Dir., Immigr. & Customs Enf't, 988 F.3d 1268, 1272 (11th Cir. 2021). Therefore, this Court does not have jurisdiction to stay Respondents' execution of their removal order. Accordingl, UPON CONSIDERATION of Petitioner's Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Petitioner's Motion 13 is DENIED. Respondents are ORDERED to file a notice with the Court indicating when Petitioner has departed the United States and their custody, so that the Court can dismiss the Petition as moot. Signed by Judge K. Michael Moore on 8/12/2026. (hyn) (Entered: 08/12/2026)

#15

Aug 12, 2026

NOTICE of Removal by Charles Parra re 14 Administrative Order,,,,,,, (Attachments: # 1 Exhibit A - Detention history) (Schmerold, Carolina) (Entered: 08/12/2026)

#16

Aug 12, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 5 Order to Show Cause, by TODD M LYONS, Markwayne Mullin, Charles Parra, GARRETT RIPA. See DE 15 for image. (ksr) (Entered: 08/13/2026)

#17

Aug 12, 2026

Clerk's Notice to Filer re 15 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#]. It is not necessary to refile this document. (ksr) (Entered: 08/13/2026)

Aug 12, 2026

Administrative Order

#18

Aug 13, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 1 and Petitioner Jose Dario Moreno Gutierrez's Detention History, which Respondents filed on August 12, 2026. (ECF No. 15-1). Petitioner seeks that the Court grant his Petition and release him from custody. 1 at 23. Petitioner's detention history shows that he was removed from the country on August 11, 2026. (ECF No. 15-1). Because Petitioner was removed already, he has already been granted the relief he sought. Accordingly, UPON CONSIDERATION of the Petition, the Response, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Petition is DENIED AS MOOT. The Clerk of Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Judge K. Michael Moore on 8/13/2026. (hyn) (Entered: 08/13/2026)

Aug 13, 2026

Response to Order to Show Cause

Aug 13, 2026

Order Dismissing/Closing Case or Party

Aug 13, 2026

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney