Southern District of Florida • 1:26-cv-23518

#1

May 18, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (paid), filed by Luis Gonzalo Diaz Barrientos. (Attachments: # 1 Memorandum)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 05/19/2026)

#2

May 18, 2026

Judge Assignment to Judge Aileen M. Cannon (kma) (Entered: 05/19/2026)

#3

May 19, 2026

Clerk's Notice of Receipt of Filing Fee received on 5/19/2026 in the amount of $5.00, receipt number FLS317992. (jes) (Entered: 05/19/2026)

May 19, 2026

Judge Assignment

#4

May 28, 2026

NOTICE of Attorney Appearance by Jeanette Marie Lugo on behalf of Krome North Service Processing Center. Attorney Jeanette Marie Lugo added to party Krome North Service Processing Center(pty:dft). (Lugo, Jeanette) (Entered: 05/28/2026)

#5

Jun 15, 2026

ORDER OF TRANSFER to Judge Kathleen M. Williams for all further proceedings, accepted and signed on 6/15/2026. Judge Aileen M. Cannon no longer assigned to case. Signed by Judge Aileen M. Cannon on 6/15/2026. See attached document for full details. (yar) (Entered: 06/15/2026)

#6

Jun 22, 2026

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On May 12, 2026, Petitioner filed a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 ("Petition") (DE 1 at 11) challenging his continued confinement by immigration officials. Upon review of the Petition, it is ORDERED AND ADJUDGED as follows:(1) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(2) Within five (5) days of the date of entry of this Order, the Respondent SHALL file a memorandum of fact and law ("Response") to show cause why the Petition should not be granted and shall file all necessary documents for resolution of the Petition. Respondent shall provide Petitioner complete copies of all documents in support of its Response. See Fed. R. Civ. P. 10(c); see also Rodriguez v. Fla. Dep't of Corr., 748 F.3d 1073 (11th Cir. 2014). (3) Petitioner may, but is not required to, file a Reply within ten (10) days of Respondent's Response. The Reply shall not exceed ten (10) pages and shall otherwise comply with the Court's Local Rules governing the form of filings. See S.D. Fla. R. 7.1(c); S.D. Fla. L.R. 5.1(a)(4). Signed by Judge Kathleen M. Williams (nn) (Entered: 06/22/2026)

#7

Jun 22, 2026

INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 6/22/2026. See attached document for full details. (gqa) (Entered: 06/23/2026)

Jun 22, 2026

- Order (PAPERLESS or pdf attached)

#8

Jun 23, 2026

STATUS REPORT regarding Petitioner's Current Place of Detention by Krome North Service Processing Center (Attachments: # 1 Exhibit 1 - Detention History, # 2 Exhibit 2 - Declaration of Acting Assistant Field Office Director, Jahmal Ervin)(Lugo, Jeanette) (Entered: 06/23/2026)

#9

Jun 27, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 6 Order,,,,,, by Krome North Service Processing Center. (Attachments: # 1 Exhibit 1 - Record of Deportable/Inadmissible Alien (Form I-213), dated November 21, 2025, # 2 Exhibit 2 - Notice to Appear (NTA), dated October 9, 2018, # 3 Exhibit 3 - EOIR Hearing Notice, dated November 26, 2019, # 4 Exhibit 4 - IJ in absentia order, dated February 26, 2020, # 5 Exhibit 5 - IJ Order dated July 23, 2025, # 6 Exhibit 6 - Detention History, # 7 Exhibit 7 - Form I-261, dated March 13, 2026, # 8 Exhibit 8 - Petition for Writ of Habeas, dated March 17, 2026, # 9 Exhibit 9 - Habeas Order, dated April 9, 2026, # 10 Exhibit 10 - IJ Bond Order, dated April 13, 2026, # 11 Exhibit 11 - Notice of Hearing, dated June 25, 2026)(Lugo, Jeanette) (Entered: 06/27/2026)

#10

Jul 07, 2026

Defendant's NOTICE of Filing List of Cases Involving Violation of Stay of Transfer Due to Krome Evacuation by Krome North Service Processing Center re 6 Order,,,,,, (Attachments: # 1 Exhibit A - Order with Attachment) (Lugo, Jeanette) (Entered: 07/07/2026)

#11

Jul 09, 2026

Defendant's MOTION to Lift Stay of Transfer re 6 Order,,,,,, by Krome North Service Processing Center. Responses due by 7/23/2026. (Attachments: # 1 Exhibit 1 - Immigration Judge Order, dated July 7, 2026)(Lugo, Jeanette) (Entered: 07/09/2026)

#12

Jul 16, 2026

Defendant's NOTICE OF FILING THE HON. U.S. DISTRICT JUDGE K. MICHAEL MOORE ORDER AT ECF NO. 53 IN TOUSSAINT V. WARDEN, CASE NO. 26-22459-CIV-MOORE by Krome North Service Processing Center re 6 Order,,,,,, (Attachments: # 1 Exhibit 1 - Judge Moore Order, [ECF No. 53], # 2 Exhibit 2 - Detention History) (Lugo, Jeanette) (Entered: 07/16/2026)

#13

Jul 16, 2026

NOTICE of Filing Judge Moore's Order by Krome North Service Processing Center. Attorney Carlos Javier Raurell added to party Krome North Service Processing Center(pty:res). (Attachments: # 1 Exhibit Judge Moore's Order) (Raurell, Carlos) (Entered: 07/16/2026)

#14

Jul 24, 2026

PAPERLESS ORDER. THIS MATTER comes before the Court on Respondent's Motion to Lift Stay of Transfer ("Motion") requesting that the Court lift the Order staying Petitioner's removal from the Southern District of Florida during the pendency of this habeas corpus proceeding brought pursuant to 28 U.S.C. § 2241. Respondent claims Petitioner has been granted pre-conclusion voluntary departure to be effectuated on or before August 7, 2026 in lieu of removal by immigration officials. (DE 11 at 1; DE [11-1] at 1.) However, Respondent offers no concrete evidence or details relating to what efforts, if any, have been made to effectuate Petitioner's voluntary departure in the near future. Without documents or other specific details and evidence regarding the details surrounding Petitioner's voluntary departure, the Government is not entitled to the relief requested in the Motion. Accordingly, it is ORDERED AND ADJUDGED that Respondent's Motion (DE 11 ) is DENIED WITHOUT PREJUDICE. Signed by Judge Kathleen M. Williams (nn) (Entered: 07/24/2026)

#15

Jul 24, 2026

NOTICE of Inquiry - Requesting Status of case by Luis Gonzalo Diaz Barrientos (address updated) (gqa) (Entered: 07/24/2026)

Jul 24, 2026

Order on Motion for Miscellaneous Relief

#16

Jul 29, 2026

MOTION to Dismiss / Remove and cancel habeas corpus by Luis Gonzalo Diaz Barrientos. Responses due by 8/12/2026. (gqa) (Entered: 07/30/2026)

#17

Aug 05, 2026

NOTICE of Respondent's Violation by Krome North Service Processing Center. Attorney Alexander N. DerGarabedian added to party Krome North Service Processing Center(pty:res). (DerGarabedian, Alexander) (Entered: 08/05/2026)

#18

Aug 05, 2026

NOTICE of Filing by Krome North Service Processing Center re 17 Notice (Other) (Attachments: # 1 Exhibit Detention History) (DerGarabedian, Alexander) (Entered: 08/05/2026)

#19

Aug 05, 2026

Notice of Reassignment of Assistant U.S. Attorney by Alexander N. DerGarabedian on behalf of Krome North Service Processing Center. Attorney Jeanette Marie Lugo terminated. (DerGarabedian, Alexander) (Entered: 08/05/2026)

#20

Aug 06, 2026

VACATED - ORDER granting 16 Motion to Dismiss. This case is DISMISSED WITHOUT PREJUDICE. Closing Case. Signed by Judge Kathleen M. Williams on 8/5/2026. See attached document for full details. (gqa) Per DE 22 Modified on 8/28/2026 (gqa). (Entered: 08/06/2026)

#21

Aug 26, 2026

MOTION to Reopen Case by Luis Gonzalo Diaz Barrientos. Responses due by 9/9/2026. (gqa) (Entered: 08/27/2026)

#22

Aug 28, 2026

PAPERLESS ORDER. THIS MATTER is before the Court on Petitioner Luis Gonzalo Diaz Barrientos's ("Petitioner") pro se August 20, 2026 letter (DE 21 ), which was docketed by the Clerk of Court as a motion to reopen ("Motion"). In the Motion, Petitioner requests that the Court's Order granting his motion to voluntarily dismiss this federal habeas corpus proceeding brought pursuant to 28 U.S.C. § 2241, be vacated and the case reopened. Petitioner explains that following the Court's Order granting his motion to voluntary dismiss this action due to his "impending... voluntary departure," he has remained in custody for fourteen (14) days after immigration officials transferred him from the Krome facility in Miami, Florida to Louisiana and then returned him to the Krome facility but have failed to effectuate his removal. ("Id.".) Petitioner claims that a deportation officer advised him that he could not be removed because of his § 2241 petition. ("Id.".) Because he has been in custody for fourteen (14) days following dismissal of this case and he has no knowledge how much longer he will remain in immigration custody before he is removed, Petitioner requests that the Court reopen this case. ("Id.".) Accordingly, upon review of the Motion, pertinent portion of the record, and relevant authorities, it is ORDERED AND ADJUDGED as follows:(1) Petitioner's Motion (DE 21 ) is GRANTED. The Court's Order (DE 20 ) granting Petitioner's motion for voluntary dismissal is hereby VACATED and the Clerk of Court is instructed to REOPEN THIS CASE.(2) Respondent(s) SHALL NOT transfer or otherwise move Petitioner from his current place of detention until further order of the Court.(3) Because the response (DE 9 ) was filed on June 27, 2026, and circumstances may have changed, within five (5) days of the date of entry of this Order, the Respondent SHALL file a supplemental memorandum of fact and law ("Supplemental Response") to show cause why the Petition should not be granted and shall file all necessary documents for resolution of the Petition, specifically including all immigration proceedings occurring after the initial response was filed. Respondent shall provide Petitioner complete copies of all documents in support of its Response. See Fed. R. Civ. P. 10(c); see also Rodriguez v. Fla. Dep't of Corr., 748 F.3d 1073 (11th Cir. 2014). (4) Pursuant to Fed. R. Civ. P. 5.2, Respondent shall ensure that any exhibits attached to the response which are redacted comply with the rules governing redaction of court filings. In this regard, Respondent is reminded that redaction of an individual's first five digits of a social security number, date of birth, or the name of a minor is permitted but the redaction of documents does not apply to "the record of an administrative or agency proceeding... the official record of a state-court proceeding... [or] a pro se filing in an action brought under 28 U.S.C. §§ 2241, 2254, or 2255." See Fed. R. Civ. P. 5.2(a), (b).(4) Petitioner may, but is not required to, file a Reply within ten (10) days of Respondent's Response. The Reply shall not exceed ten (10) pages and shall otherwise comply with the Court's Local Rules governing the form of filings. See S.D. Fla. R. 7.1(c); S.D. Fla. L.R. 5.1(a)(4). Signed by Judge Kathleen M. Williams (nn) (Entered: 08/28/2026)

Aug 28, 2026

Order on Motion to Reopen Case

#23

Sep 01, 2026

Notice of Reassignment of Assistant U.S. Attorney by Timothy J. Abraham on behalf of Krome North Service Processing Center. Attorney Alexander N. DerGarabedian terminated.. Attorney Timothy J. Abraham added to party Krome North Service Processing Center(pty:res). (Abraham, Timothy) (Entered: 09/01/2026)

#24

Sep 02, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 22 Order on Motion to Reopen Case,,,,,,,,,,,,,,, by Krome North Service Processing Center. (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, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U - Declaration, # 22 Exhibit V - Bond Order denying bond)(Abraham, Timothy) (Entered: 09/02/2026)