Southern District of Florida • 1:26-cv-24905
Azcarretazabal Betancourth v. Mullin
Active
Case Information
Filed: July 20, 2026
Assigned to:
Roy Kalman Altman
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
August 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 20, 2026
Emergency APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19773060, filed by Jorge Azcarretazabal Betancourth. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Soto, Eduardo) . Modified text on 7/21/2026 (blc). (Entered: 07/20/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Jul 20, 2026
Clerks Notice of Judge Assignment to Judge Roy K. Altman. (blc) (Entered: 07/21/2026)
#3
Jul 21, 2026
Summons Issued as to U.S. Attorney and U.S. Attorney General. (blc) (Entered: 07/21/2026)
Main Document:
Summons Issued as to USA
#4
Jul 21, 2026
PAPERLESS ORDER striking 1 Emergency Petition for Writ of Habeas Corpus (the “Emergency Petition”). The Plaintiff’s Emergency Petition fails to comply with our Local Rules. First, it doesn’t properly certify an emergency because it’s missing critical language required by Local Rule 7.1(d)(1), which states that all requests for emergency relief must include the following certification: “After reviewing the facts and researching applicable legal principles, I certify that this motion in fact presents a true emergency (as opposed to a matter that may need only expedited treatment) and requires an immediate ruling because the Court would not be able to provide meaningful relief to a critical, non-routine issue after the expiration of seven days. I understand that an unwarranted certification may lead to sanctions.” S.D. Fla. L.R. 7.1(d)(1). Second, the Emergency Petition also fails to tell us “the date by which a ruling is necessary,” as required by Local Rule 7.1(d)(1). Third¸ we’ve reviewed the Emergency Petition and believe that we can provide meaningful relief after the expiration of seven days. In fact, it seems the Petitioner’s emergency designation—and his request for a ruling within seven days—is an attempt to obtain relief before the Government can exhaust its administrative remedies in immigration court. See Emergency Petition at 5 (“If DHS does not file a timely appeal by July 29, 2026, the termination order will become administratively final.”).“When a party files an emergency motion the Court stops whatever it is doing to address the emergency. When a party improperly alleges that a motion presents an emergency it disrupts the operation of the Court and the orderly administration of justice.” Michel v. Creations By Chef Aaron, LLC, 2016 WL 1244659, at *1 (M.D. Fla. Mar. 30, 2016) (Smith, Mag. J.). Accordingly, by July 28, 2026, the Plaintiff must refile his petition either without an emergency designation or in compliance with our local rules governing requests for emergency relief. If the Plaintiff improperly files another emergency petition—or otherwise violates our Local Rules—we may impose sanctions, including dismissal without further notice. Signed by Judge Roy K. Altman on 7/21/2026. (pbe) (Entered: 07/21/2026)
#5
Jul 21, 2026
Amended Complaint/Amended Notice of Removal
Main Document:
Amended Complaint/Amended Notice of Removal
Jul 21, 2026
- Order (PAPERLESS or pdf attached)
Jul 21, 2026
Clerk's Notice of Judge Assignment and Optional Consent
#6
Jul 22, 2026
Notice of Attorney Appearance
Main Document:
Notice of Attorney Appearance
#7
Jul 23, 2026
Order to Show Cause
Main Document:
Order to Show Cause
#8
Jul 23, 2026
Notice of Compliance
Main Document:
Notice of Compliance
#9
Aug 10, 2026
Response/Reply (Other)
Main Document:
Response/Reply (Other)
Parties
Party
Party
Party
Party
Attorney
Attorney
Attorney
Attorney
Firm