Southern District of Florida • 1:26-cv-25687
Gomes v. Krome North Service Processing Center
Completed
Case Information
Filed: August 20, 2026
Assigned to:
Jacqueline Becerra
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: October 08, 2026
Last Activity:
November 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 20, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Ricardo Rodrigues Gomes. (Attachments: # 1 Civil Cover Sheet, # 2 Verified Petition for Writ of H.C., # 3 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 08/20/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Aug 20, 2026
Judge Assignment to Judge Jacqueline Becerra (kma) (Entered: 08/20/2026)
#3
Aug 20, 2026
Emergency Motion for Expedite Review, Immediate Order to Show Cause, and Narrow Temporary Administrative Relief by Ricardo Rodrigues Gomes. Responses due by 9/3/2026. (kma) (Entered: 08/20/2026)
Main Document:
Expedite
#4
Aug 20, 2026
ORDER TO SHOW CAUSE AND FOR PRODUCTION OF EVIDENCE. Signed by Judge Jacqueline Becerra See attached document for full details. (drn) (Entered: 08/20/2026)
Main Document:
- Order (PAPERLESS or pdf attached)
Aug 20, 2026
Judge Assignment
#5
Aug 21, 2026
Clerks Notice of Receipt of Filing Fee received on 8/20/2026 in the amount of $ 5.00, receipt number FLS321659. (vt) (Entered: 08/21/2026)
Main Document:
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
#6
Aug 24, 2026
NOTICE of Attorney Appearance by Michael Scott Davis on behalf of Krome North Service Processing Center. Attorney Michael Scott Davis added to party Krome North Service Processing Center(pty:dft). (Davis, Michael) (Entered: 08/24/2026)
Main Document:
Notice of Attorney Appearance
#7
Aug 24, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 4 Order by Krome North Service Processing Center. (Attachments: # 1 Exhibit A through K)(Davis, Michael) (Entered: 08/24/2026)
Main Document:
Response to Order to Show Cause
#8
Aug 25, 2026
STRICKEN RESPONSE TO ORDER TO SHOW CAUSE re 4 Order by Krome North Service Processing Center. (Davis, Michael) Modified text on 8/26/2026 (ksr). Per DE 11 . (Entered: 08/25/2026)
Main Document:
Response to Order to Show Cause
#9
Aug 25, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 4 Order by Krome North Service Processing Center. (Davis, Michael) (Entered: 08/25/2026)
Main Document:
Response to Order to Show Cause
#10
Aug 25, 2026
MOTION to Substitute ECF No. 9 for ECF No. 8 re 8 Response to Order to Show Cause, 9 Response to Order to Show Cause by Krome North Service Processing Center. Responses due by 9/8/2026. (Davis, Michael) (Entered: 08/25/2026)
Main Document:
Miscellaneous Relief
#11
Aug 25, 2026
PAPERLESS ORDER. THIS CAUSE comes before the Court on Respondent's Motion to Substitute ECF No. 9 for ECF No. 8 (the "Motion"). ECF No. 10 . Upon due consideration of the Motion, and the pertinent portions of the record, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Respondent's Response to Order to Show Cause, ECF No. 8, is hereby STRICKEN and Respondent's Corrected Response to Order to Show Cause, ECF No. 9, is substituted in its place. Signed by Judge Jacqueline Becerra (drn) (Entered: 08/25/2026)
Aug 25, 2026
Order on Motion for Miscellaneous Relief
Aug 26, 2026
Order
Aug 26, 2026
SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (cds)
#13
Aug 28, 2026
NOTICE OF NON-RECEIPT OF RESPONDENT'S FILINGS AND EXPEDITED MOTION TO REQUIRE IMMEDIATE SERVICE AND RESET REPLY DEADLINE by Ricardo Rodrigues Gomes (ksr) (Entered: 08/31/2026)
Main Document:
Notice (Other)
#14
Aug 31, 2026
PAPERLESS ORDER. THIS CAUSE comes before the Court on Petitioner's Notice of Non-Receipt of Respondent's Filings and Expedited MOTION TO Require Immediate Service and Reset Reply Deadline (the "Motion"). ECF No. 13 . Upon due consideration of the Motion, and the pertinent portions of the record, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. The Clerk's Office is DIRECTED to send Petitioner a copy of Respondent's Corrected Response to Order to Show Cause, ECF No. 9, as well as a copy of Exhibits A-K located in ECF No. [7-1]. Petitioner shall have until Tuesday, September 8, 2026, to submit his Reply. Signed by Judge Jacqueline Becerra (drn) (Entered: 08/31/2026)
Aug 31, 2026
- Order (PAPERLESS or pdf attached)
#15
Sep 01, 2026
NOTICE of Compliance re 9 Response to Order to Show Cause filed by Krome North Service Processing Center, 7 Response to Order to Show Cause filed by Krome North Service Processing Center. Copies mailed to Petitioner. (ksr) (Entered: 09/01/2026)
Sep 01, 2026
Notice of Compliance
#16
Sep 08, 2026
REPLY to 9 Response to Order to Show Cause by Ricardo Rodrigues Gomes. (ksr) (Entered: 09/09/2026)
Main Document:
Reply to Response to Order to Show Cause
#17
Oct 08, 2026
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS Closing Case. (Without Prejudice) Signed by Judge Jacqueline Becerra on 10/8/2026. See attached document for full details. (ksr) (Entered: 10/08/2026)
#18
Oct 13, 2026
Notice of Appeal re 17 Order Dismissing/Closing Case by Ricardo Rodrigues Gomes.. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (jgo) (Entered: 10/14/2026)
Main Document:
Notice of Appeal
#19
Oct 13, 2026
MOTION for Leave to Appeal in forma pauperis by Ricardo Rodrigues Gomes. Responses due by 10/27/2026. (jgo) (Entered: 10/14/2026)
Main Document:
Appeal In Forma Pauperis
#20
Oct 13, 2026
EMERGENCY MOTION to Preserve the Status Quo and Stay Pending Appeal (Responses due by 10/27/2026.) by Ricardo Rodrigues Gomes. (jgo) (Main Document 20 replaced on 10/14/2026) (jgo). (Entered: 10/14/2026)
Main Document:
Miscellaneous Relief AND Stay
#21
Oct 14, 2026
CLERK'S NOTICE of Mailing Pro Se Instructions to Ricardo Rodriguez Gomes re 18 Notice of Appeal. (jgo) (Entered: 10/14/2026)
Main Document:
Clerk's Notice (Other) with Optional Ad Hoc NEF
#22
Oct 14, 2026
PAPERLESS ORDER. THIS CAUSE comes before the Court on Petitioner's Emergency Motion to Preserve the Status Quo and for Stay Pending Appeal, ECF No. 20 (the "Motion"). Petitioner seeks an administrative stay pending his appeal to the Eleventh Circuit. Id. at 3. As Petitioner acknowledges, the Court evaluates requests for stays, including administrative stays, under the traditional stay factors outlined in Nken v. Holder, 556 U.S. 418 (2009). Those factors are "'(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.'" Id. at 426 (citation omitted). "The first two factors of the traditional standard are the most critical," the Supreme Court has explained. Id. at 434. Irreparable harm is generally "the most important," but "the movant may also have his motion granted upon a lesser showing of a 'substantial case on the merits' when "the balance of the equities [identified in factors 2, 3, and 4] weighs heavily in favor of granting the stay.'" Garcia-Mir v. Meese, 781 F.2d 1450, 1453 (11th Cir. 1986) (alteration in original) (citation omitted). Petitioner has not made that showing here. His appeal does not raise a substantial question about the scope of Zadvydas v. Davis, 533 U.S. 678 (2001). Here, the Government showed it had requested and received travel documents from Brazil and had transferred Petitioner to a facility in Louisiana "in preparation for removal." ECF No. 9 at 4. A stay applicant always bears the burden of showing the Nken factors warrant a stay, and Petitioner's arguments about the likelihood of removal do not raise even a substantial possibility of success on the merits. As for irreparable harm, the Supreme Court held in Nken that "the burden of removal alone cannot constitute the requisite irreparable injury." 556 U.S. at 435. Petitioner points to other factors, but none is sufficient to overcome the unlikelihood of success on the merits. Accordingly, Petitioner's Motion is DENIED. Having properly moved first in the district court for a stay pending appeal, Petitioner is free to petition the Eleventh Circuit for the same relief that the Court has now denied. See Fed. R. App. P. 8(a)(1). The Clerk of Court is directed to mail a copy of this order to Petitioner. Signed by Judge Jacqueline Becerra (esr) (Entered: 10/14/2026)
Oct 14, 2026
Transmission of Notice of Appeal and Docket Sheet to USCA
Oct 14, 2026
Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re 18 Notice of Appeal. Notice has been electronically mailed. (jgo)
Oct 14, 2026
Order on Motion for Miscellaneous Relief AND Order on Motion to Stay
#23
Oct 15, 2026
NOTICE of Compliance re 22 Order on Motion to Stay, Order on Motion for Miscellaneous Relief. Copy of order mailed to Petitioner. (ksr) (Entered: 10/15/2026)
#24
Oct 15, 2026
Acknowledgment of Receipt of NOA from USCA re 18 Notice of Appeal, filed by Ricardo Rodrigues Gomes. Date received by USCA: 10/14/2026. USCA Case Number: 26-13729-A. (jgo) (Entered: 10/15/2026)
Main Document:
Acknowledgment of Receipt from USCA
Oct 15, 2026
Notice of Compliance
Oct 27, 2026
Order on Motion for Leave to Appeal In Forma Pauperis
#26
Nov 02, 2026
Appeal Remark
Main Document:
Appeal Remark
Parties
Gomes
Party
Krome North Service Processing Center
Party