Southern District of Florida • 1:26-cv-25497
Augusto Duarte v. Secretary of the United States Department of Homeland Security
Active
Case Information
Filed: August 14, 2026
Assigned to:
David S. Leibowitz
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
September 15, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 14, 2026
EMERGENCY APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19868947, filed by Cesar Augusto Duarte. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit Exhibit List, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (De Maio, Viktor) Modified text on 8/14/2026 (vvb). (Entered: 08/14/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Aug 14, 2026
Judge Assignment to Judge David S. Leibowitz (vvb) (Entered: 08/14/2026)
#3
Aug 14, 2026
Summons Issued as to Acting U. S. Attorney General, Executive Office for Immigration Review, Field Office Director, Miami, FL Field Office, U.S. Immigration and Customs Enforcement, Secretary of the United States Department of Homeland Security, U.S Department Of Homeland Security, Warden, Krome North Service Processing Center, U.S. Attorney and U.S. Attorney General (vvb) (Entered: 08/14/2026)
Main Document:
Summons Issued as to USA
#4
Aug 14, 2026
EMERGENCY MOTION with Certification of Emergency included by Cesar Augusto Duarte. Responses due by 8/28/2026. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(De Maio, Viktor) (Entered: 08/14/2026)
Main Document:
Emergency Motion with Certification of Emergency
Aug 14, 2026
Judge Assignment
#5
Aug 17, 2026
ORDER IN HABEAS CASES SEEKING RELIEF PURSUANT TO 8 U.S.C. § 1226(a) (Show Cause Response due by 8/21/2026.), Secretary of the United States Department of Homeland Security (Markwayne Mullin, in his Official Capacity), Acting U. S. Attorney General (Todd Blanche, in his Official Capacity) and Field Office Director, Miami, FL Field Office, U.S. Immigration and Customs Enforcement (Garrett Ripa, in his Official Capacity) terminated. Motions terminated: 4 EMERGENCY MOTION with Certification of Emergency included filed by Cesar Augusto Duarte. Signed by Judge David S. Leibowitz on 8/16/2026. See attached document for full details. (ksr) (Entered: 08/17/2026)
Main Document:
Order to Show Cause AND ~Util - Terminate Motions AND ~Util - Terminate Parties
#6
Aug 17, 2026
NOTICE of Attorney Appearance by Alvaro Alberto Flores on behalf of Cesar Augusto Duarte. Attorney Alvaro Alberto Flores added to party Cesar Augusto Duarte(pty:pet). (Flores, Alvaro) (Entered: 08/17/2026)
Main Document:
Notice of Attorney Appearance
#7
Aug 21, 2026
MOTION for Extension of Time to conduct individualized bond hearing pursuant to Section 1226(a) re 5 Order to Show Cause,,, Terminate Parties,,, Terminate Motions,, by Warden, Krome North Service Processing Center. Attorney Francisco Armada added to party Warden, Krome North Service Processing Center(pty:res). Responses due by 9/4/2026. (Attachments: # 1 Exhibit 1 Detention History)(Armada, Francisco) (Entered: 08/21/2026)
Main Document:
Extension of Time
#8
Aug 21, 2026
PAPERLESS ORDER granting 7 Motion for Extension of Time. Signed by Judge David S. Leibowitz on 8/21/2026. (sm00) (Entered: 08/21/2026)
#9
Aug 21, 2026
RESPONSE to Petition for Writ of Habeas Corpus and to Court's Order [ECF No. 5] by Warden, Krome North Service Processing Center. (Attachments: # 1 Exhibit 1 Declaration of Deportation Officer, # 2 Exhibit 2 Detention History)(Armada, Francisco) (Entered: 08/21/2026)
Main Document:
Response to Habeas Petition
Aug 21, 2026
Order on Motion for Extension of Time
#10
Aug 27, 2026
NOTICE of Compliance with Order Requiring Individualized Bond Hearing by Warden, Krome North Service Processing Center re 8 Order on Motion for Extension of Time, 5 Order to Show Cause,,, Terminate Parties,,, Terminate Motions,, (Attachments: # 1 Exhibit 1 IJ Order Granting Release on Bond) (Armada, Francisco) (Entered: 08/27/2026)
Main Document:
Notice of Compliance
Parties
Augusto Duarte
Party
Secretary of the United States Department of Homeland Security
Party