Southern District of Florida • 1:26-cv-24059

Pena Bejerano v. U.S. Immigration and Customs Enforcement

Active

Case Information

Filed: June 09, 2026
Assigned to: Kevin Michael Moore
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 09, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Juan Carlos Pena Bejerano. (Attachments: # 1 Memorandum)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 06/10/2026)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Jun 09, 2026
Judge Assignment to Judge K. Michael Moore (kma) (Entered: 06/10/2026)
#3
Jun 10, 2026
Clerks Notice of Receipt of Filing Fee received on 6/9/2026 in the amount of $ 5.00, receipt number FLS318668. (vt) (Entered: 06/10/2026)
Main Document: Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
Jun 10, 2026
Judge Assignment
#4
Jun 12, 2026
ORDER TO SHOW CAUSE. Show Cause Response due by 6/17/2026. Signed by Judge K. Michael Moore on 6/12/2026. See attached document for full details. (hyn) (Entered: 06/12/2026)
Main Document: Order to Show Cause
#5
Jun 15, 2026
NOTICE of Attorney Appearance by Mary Beth Ricke on behalf of U.S. Immigration and Customs Enforcement. Attorney Mary Beth Ricke added to party U.S. Immigration and Customs Enforcement(pty:dft). (Ricke, Mary Beth) (Entered: 06/15/2026)
Main Document: Notice of Attorney Appearance
#6
Jun 17, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 4 Order to Show Cause by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A- Form I-213, Record of Deportable/Inadmissible Alien, (Form I-213) dated October 28, 2025, # 2 Exhibit B- Form I-110 dated May 13, 1988, # 3 Exhibit C- Decision and Order of the Immigration Judge, # 4 Exhibit D- Declaration of Deportation Officer Herrero, # 5 Exhibit E- State of Florida v. Juan Carlos Pena, No. 92-17950 (F. Cnty. Ct. Miami-Dade County), # 6 Exhibit F- State of Florida v. Juan Carlos Pena, No.92-13169-B (FL. Cnty. Ct. Miami-Dade County), # 7 Exhibit G- State of Florida v. Juan Carlos Pena, No.92-29988 (FL. Cnty. Ct. Miami-Dade County), # 8 Exhibit H- State of Florida v. Juan C. Pena, No.93-24018 (FL. Cnty. Ct. Miami-Dade County), # 9 Exhibit I- State of Florida v. Juan Carlos Pena, No.94-8860 (FL. Cnty. Ct. Miami-Dade County), # 10 Exhibit J- State of Wisconsin v. Juan C. Pena, No. 96CF426 (WI. Cnty. Outagamie County), # 11 Exhibit K- State of Florida v. Juan Pena Bejerano, No. F06011829 (FL. Cnty. Ct. Miami-Dade County), # 12 Exhibit L- FDLE Sex Offender Printout, # 13 Exhibit M- Form I-200, Warrant for Arrest of Alien, # 14 Exhibit N- Form I-205, Warrant of Removal/Deportation, # 15 Exhibit O- Detention History, # 16 Exhibit P- Notice of Revocation of Release, # 17 Exhibit Q- Notice of Removal dated March 5, 2026)(Ricke, Mary Beth) (Entered: 06/17/2026)
Main Document: Response to Order to Show Cause
#7
Jul 01, 2026
NOTICE of Petitioner's Transfer Due to Wildfire Danger by U.S. Immigration and Customs Enforcement (Attachments: # 1 Exhibit A- Detention History, # 2 Exhibit B- Declaration) (Ricke, Mary Beth) (Entered: 07/01/2026)
Main Document: Notice (Other)
#8
Jul 02, 2026
VACATED PAPERLESS ORDER REQUIRING STATUS REPORTS. THIS CAUSE came before the Court upon Respondent's Notice of Petitioner's Transfer due to Wildfire Danger as to Petitioner Juan Carlos Pena Bejerano. 7 . Therein, Respondent represents that Petitioner was transferred to the Stewart Detention Center in Lumpkin, Georgia, on June 22, 2026, as "a safety precaution to the wildfires surrounding" Krome North Service Processing Center. Id. at 2. Respondent maintains that "[w]hen the risk posed by the brush fires has been cleared, ICE ERO will identify individuals with pending habeas petitions and orders prohibiting transfer and return them to Krome." (ECF No. 7-2) at 2. The Court's Order to Show Cause (the "OTSC") orders: "Petitioner is not to be transferred out of the Southern District of Florida until these proceedings have terminated, and therefore Respondent shall maintain Petitioner's detention within the Southern District of Florida for the pendency of the Petition, and direct any applicable authorities to maintain the same." See (ECF No. 4) at 2. The Court recognizes Respondent's representation that Petitioner's transfer was prompted by safety concerns arising from the brush fires. Nevertheless, once a safe facility within this District becomes available, Respondent is ORDERED to immediately transfer Petitioner back to this District in compliance with the OTSC, even if the available facility is not Krome North Service Processing Center where Petitioner was previously housed. Accordingly, it is hereby ORDERED AND ADJUDGED that Respondent shall file status reports every seven (7) days from the date of this Order, to continue until otherwise ordered by the Court, advising the Court of: (1) the status of the brush fires; and (2) whether a safe facility within this District is available to house Petitioner. Signed by Judge K. Michael Moore on 7/2/2026. (hyn) Modified on 7/8/2026 (cqs). PER DE 11 . (Entered: 07/02/2026)
Jul 02, 2026
Administrative Order
#9
Jul 06, 2026
STATUS REPORT by U.S. Immigration and Customs Enforcement (Attachments: # 1 Exhibit A- Detention History)(Ricke, Mary Beth) (Entered: 07/06/2026)
Main Document: Status Report
#10
Jul 07, 2026
NOTICE of Filing List of Cases Involving Violation of Stay of Transfer Due to Krome Evacuation by U.S. Immigration and Customs Enforcement (Attachments: # 1 Exhibit A- Paperless Order Setting Show Cause Hearing and Attachment to Paperless Order Setting Show Cause Hearing) (Ricke, Mary Beth) (Entered: 07/07/2026)
Main Document: Notice (Other)
#11
Jul 07, 2026
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondent's Status Report 9 as to Petitioner in response to the Court's Paperless Order Requiring Status Reports (ECF No. 8). Therein, as directed by the Court, Respondent advises that Petitioner was transferred back to Krome North Service Processing Center on July 4, 2026. (ECF No. 9) at 2. A search of the U.S. Immigration and Customs Enforcement Online Detainee Locator System website found at https://locator.ice.gov/odls/#/search on the date of this Order indicates that Petitioner has indeed been returned to Krome. Accordingly, UPON CONSIDERATION of the Status Update, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Court's Paperless Order Requiring Status Reports 8 is DISCHARGED and VACATED. Under the circumstances, and upon Petitioner's return to the District, the Court declines to impose any sanctions relating to Respondent's transfer of Petitioner in violation of the Court's Order to Show Cause (ECF No. 4). Signed by Judge K. Michael Moore on 7/7/2026. (hyn) (Entered: 07/07/2026)
Jul 07, 2026
Administrative Order
#12
Jul 14, 2026
Notice (Other)
Main Document: Notice (Other)
#13
Sep 15, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#15
Sep 16, 2026
Notice of Compliance
Main Document: Notice of Compliance
Sep 16, 2026
Order on Motion for Miscellaneous Relief

Parties

Pena Bejerano
Party
U.S. Immigration and Customs Enforcement
Party