Southern District of Florida • 1:26-cv-25540
Banez Mazzali v. VENTURELLA
Active
Case Information
Filed: August 15, 2026
Assigned to:
David S. Leibowitz
Referred to:
Yeney Hernandez
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
September 15, 2026
Parties:
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Docket Entries
#1
Aug 15, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19871912, filed by Sebastian Banez Mazzali.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Ravinet, Nicholas) (Entered: 08/15/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Aug 15, 2026
Clerks Notice of Judge Assignment to Judge David S. Leibowitz. (khrs) (Entered: 08/17/2026)
#3
Aug 17, 2026
Clerk's Notice to Filer re: New Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (khrs) (Entered: 08/17/2026)
#4
Aug 17, 2026
NOTICE JS44 Civil Cover Sheet by Sebastian Banez Mazzali (Ravinet, Nicholas) (Entered: 08/17/2026)
Main Document:
Notice (Other)
#5
Aug 17, 2026
MOTION for Temporary Restraining Order by Sebastian Banez Mazzali. Responses due by 8/31/2026. (Attachments: # 1 Exhibit 1)(Ravinet, Nicholas) (Entered: 08/17/2026)
Main Document:
Temporary Restraining Order
Aug 17, 2026
Clerk's Notice of Docket Correction - NEW CASE
Aug 17, 2026
Clerk's Notice of Judge Assignment and Optional Consent
#6
Aug 18, 2026
ORDER REFERRING CASE to Magistrate Judge Yeney Hernandez for Report and Recommendation. REFERRING 5 MOTION for Temporary Restraining Order filed by Sebastian Banez Mazzali. Motions referred to Judge Yeney Hernandez. Signed by Judge David S. Leibowitz on 8/18/2026. See attached document for full details. (drz) (Entered: 08/18/2026)
Main Document:
Order Referring Case to Magistrate Judge
#7
Aug 18, 2026
NOTICE of Attorney Appearance by Yaniece McPherson on behalf of Todd Blanche, Department of Homeland Security, Markwayne Mullin, Garrett Ripa, David Venturella. Attorney Yaniece McPherson added to party Todd Blanche(pty:res), Attorney Yaniece McPherson added to party Department of Homeland Security(pty:res), Attorney Yaniece McPherson added to party Markwayne Mullin(pty:res), Attorney Yaniece McPherson added to party Garrett Ripa(pty:res), Attorney Yaniece McPherson added to party David Venturella(pty:res). (McPherson, Yaniece) (Entered: 08/18/2026)
Main Document:
Notice of Attorney Appearance
#8
Aug 20, 2026
Amended EMERGENCY MOTION with Certification of Emergency included Emergency Amended Motion for Temporary Restraining Order by Sebastian Banez Mazzali. Responses due by 9/3/2026. (Attachments: # 1 Exhibit Declaration of Norma Mazzali)(Ravinet, Nicholas) (Entered: 08/20/2026)
Main Document:
Emergency Motion with Certification of Emergency
#9
Aug 20, 2026
PAPERLESS ORDER SETTING HEARING on 8 Petitioner's Emergency Motion for Temporary Restraining Order ("Motion"). Petitioner seeks immediate relief, and the Court agrees that, given the representations in the Motion, emergency treatment is warranted. Petitioner does not, however, specify that ex parte relief is required. Accordingly, this matter is set for a hearing on August 24, 2026 at 2:00 PM in the Miami Division before Magistrate Judge Yeney Hernandez at the James Lawrence King Federal Justice Building, 99 N.E. Fourth Street, 11th Floor, Miami, FL 33132. At the hearing, the parties should be prepared to discuss the issues raised in the Motion, including questions concerning Petitioner's current location, medical treatment, and access to counsel. Signed by Magistrate Judge Yeney Hernandez on 8/20/2026. (mfz) (Entered: 08/20/2026)
Aug 20, 2026
Order Setting Hearing on Motion
#10
Aug 24, 2026
NOTICE of Filing Exhibit related to Motion for TRO by Todd Blanche, Department of Homeland Security, Markwayne Mullin, Garrett Ripa, David Venturella re 8 Amended EMERGENCY MOTION with Certification of Emergency included Emergency Amended Motion for Temporary Restraining Order, 9 Order Setting Hearing on Motion,,, (Attachments: # 1 Exhibit) (McPherson, Yaniece) (Entered: 08/24/2026)
Main Document:
Notice (Other)
#11
Aug 24, 2026
PAPERLESS Minute Order for proceedings held before Magistrate Judge Yeney Hernandez: Motion Hearing held on 8/24/2026 re 8 Amended EMERGENCY MOTION with Certification of Emergency included Emergency Amended Motion for Temporary Restraining Order filed by Sebastian Banez Mazzali, 5 MOTION for Temporary Restraining Order filed by Sebastian Banez Mazzali. Supplements to the record to be submitted by 5:00 PM on 08/26/2026. Total time in court: 1 hour(s) : 11 minutes. Attorney Appearance(s): Nicholas Ravinet and Yaniece McPherson. (Digital 14:02:59) (jep) (Entered: 08/24/2026)
Aug 24, 2026
MOTION Hearing or Evidentiary Motion Hearing
#12
Aug 26, 2026
First EXPEDITED MOTION For Extension of Time to Supplement the Record re 11 Motion Hearing,, by Todd Blanche, Department of Homeland Security, Markwayne Mullin, Garrett Ripa, David Venturella. Responses due by 9/9/2026. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(McPherson, Yaniece) (Entered: 08/26/2026)
Main Document:
Expedited Motion
#13
Aug 26, 2026
NOTICE of Filing Affidavit of Denisse C. Ilabaca by Sebastian Banez Mazzali re 11 Motion Hearing,, (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Ravinet, Nicholas) (Entered: 08/26/2026)
Main Document:
Notice (Other)
#14
Aug 26, 2026
NOTICE of Objection by Sebastian Banez Mazzali re 12 First EXPEDITED MOTION For Extension of Time to Supplement the Record re 11 Motion Hearing,, (Ravinet, Nicholas) (Entered: 08/26/2026)
Main Document:
Notice (Other)
#15
Aug 26, 2026
PAPERLESS ORDER granting in part Respondent's Expedited Motion for Extension of Time to Respond to this Court's Order to Supplement the Record, ECF No. 12 . Respondent seeks until August 29, 2026, to supplement the record with materials from Petitioner's immigration file. In support of this request, Respondent attaches a declaration from Deportation Officer Ricardo Herrero representing that the required documents "will not arrive until August 27, 2026, by 11:15 a.m." ECF No. [12-1] at ¶ 8. Respondent supplies no good reason for delay beyond August 27, 2026, and the Court discerns none. Accordingly, the deadline to supplement the record is extended until August 27, 2026 at 5:00 p.m. Signed by Magistrate Judge Yeney Hernandez on 8/26/2026. (jge) Modified on 8/26/2026 (mf). (Entered: 08/26/2026)
Aug 26, 2026
Order on Expedited Motion
#16
Aug 27, 2026
NOTICE of Filing to Supplement the Record by Todd Blanche, Department of Homeland Security, Markwayne Mullin, Garrett Ripa, David Venturella re 15 Order on Expedited Motion,,, 11 Motion Hearing,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (McPherson, Yaniece) (Entered: 08/27/2026)
Main Document:
Notice (Other)
#17
Aug 28, 2026
PAPERLESS ORDER requiring Supplement to the Record. At the August 24, 2026 hearing on Petitioner's Emergency Motion, [ECF No. 11], Respondents represented that the Notice to Appear had preceded the issuance of an arrest warrant for Petitioner, a key issue in this case. See 8 C.F.R. § 1236.1(b)(1) ("At the time of issuance of the notice to appear, or any time thereafter...[a noncitizen] may be arrested and taken into custody under the authority of Form I-200, Warrant of Arrest.") (emphasis added). In its latest filing, Respondent asserts that "the record clearly reflects that at the time of issuance of the [Notice to Appear], ICE contemporaneously issued and served the warrant for arrest." ECF No. 16 at 2. But neither the Notice to Appear nor the warrant reflect the time of issuance. The documents are both dated August 6, 2026, which says nothing about which document came first. See EDGAR URIEL MARTINEZ-SALAMANCA v. JUAN BALTAZAR, et al., No. 26-CV-02410-PAB, 2026 WL 2083209, at *3 (D. Colo. July 20, 2026) (finding invalid a warrant issued same day as notice to appear, where petitioner was unrefuted in assertion that the warrant preceded the notice to appear). Accordingly, Respondents shall have until August 31, 2026 at 12:00 pm to clarify the time the documents were issued. Signed by Magistrate Judge Yeney Hernandez on 8/28/2026. (jge) Modified on 8/28/2026 (mf). (Entered: 08/28/2026)
Aug 28, 2026
- Order (PAPERLESS or pdf attached)
#18
Aug 31, 2026
Second NOTICE of Filing to Supplement the Record and Motion to Accept Untimely Notice by Todd Blanche, Department of Homeland Security, Markwayne Mullin, Garrett Ripa, David Venturella re 17 Order,,,,, (Attachments: # 1 Exhibit) (McPherson, Yaniece) (Entered: 08/31/2026)
Main Document:
Notice (Other)
#19
Aug 31, 2026
NOTICE of Reply to Respondents' Second Notice of Filing by Sebastian Banez Mazzali re 18 Notice (Other), (Attachments: # 1 Exhibit 1) (Ravinet, Nicholas) (Entered: 08/31/2026)
Main Document:
Notice (Other)
#20
Sep 14, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
Sep 14, 2026
Order on Motion for Miscellaneous Relief
#22
Sep 15, 2026
Report and Recommendations
Main Document:
Report and Recommendations
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