Southern District of Florida • 1:26-cv-26066
Smieshkov v. Director, Miami Field Office for U.S. Immigration and Customs Enforcement
Active
Case Information
Filed: September 02, 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:
November 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 02, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19946802, filed by Andrii SMIESHKOV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit I-94)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Reyes Otero, Michelle) (Entered: 09/02/2026)
Main Document:
Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Sep 02, 2026
Clerks Notice of Judge Assignment to Judge David S. Leibowitz. (wce) (Entered: 09/03/2026)
#3
Sep 02, 2026
Clerk's Notice to Filer re: New Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (wce) (Entered: 09/03/2026)
Sep 03, 2026
Clerk's Notice of Judge Assignment and Optional Consent
Sep 03, 2026
Clerk's Notice of Docket Correction - NEW CASE
#4
Sep 04, 2026
NOTICE of Attorney Appearance by Yaniece McPherson on behalf of Attorney General of the United States, Director, Miami Field Office for U.S. Immigration and Customs Enforcement, Secretary of The Department of Homeland Security. Attorney Yaniece McPherson added to party Attorney General of the United States(pty:dft), Attorney Yaniece McPherson added to party Director, Miami Field Office for U.S. Immigration and Customs Enforcement(pty:dft), Attorney Yaniece McPherson added to party Secretary of The Department of Homeland Security(pty:dft). (McPherson, Yaniece) (Entered: 09/04/2026)
Main Document:
Notice of Attorney Appearance
#5
Sep 09, 2026
ORDER IN HABEAS CASES SEEKING RELIEF PURSUANT TO 8 U.S.C. § 1226(a). Signed by Judge David S. Leibowitz on 9/9/2026. See attached document for full details. (jas) (Entered: 09/09/2026)
Main Document:
Order to Show Cause
#6
Sep 15, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 5 Order to Show Cause by Attorney General of the United States, Director, Miami Field Office for U.S. Immigration and Customs Enforcement, Secretary of The Department of Homeland Security. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(McPherson, Yaniece) (Entered: 09/15/2026)
Main Document:
Response to Order to Show Cause
#7
Sep 22, 2026
REPLY to 6 Response to Order to Show Cause, by Andrii Smieshkov. (Reyes Otero, Michelle) (Entered: 09/22/2026)
Main Document:
Reply to Response to Order to Show Cause
#8
Sep 30, 2026
ORDER OF REFERENCE TO MAGISTRATE JUDGE: Upon due consideration, the Petition [ECF No. 1 ] is hereby referred to United States Magistrate Judge Yeney Hernandez for a report and recommendation consistent with 28 U.S.C. § 636(b)(1)(B), Rule 72 of the Federal Rules of Civil Procedure, and Rule 1(d) of the Local Magistrate Judge Rules. Signed by Judge David S. Leibowitz on 9/30/2026. See attached document for full details. (wce) (Entered: 09/30/2026)
Main Document:
Order Referring Case to Magistrate Judge
#9
Oct 02, 2026
MOTION to Expedite by Andrii Smieshkov. Responses due by 10/16/2026. (Reyes Otero, Michelle) (Entered: 10/02/2026)
Main Document:
Expedite
#10
Oct 27, 2026
REPORT AND RECOMMENDATION re 1 Petitioner’s Petition for Writ of Habeas Corpus. Objections to R&R due by 11/3/2026. Signed by Magistrate Judge Yeney Hernandez on 10/27/2026. See attached document for full details. (jds) (Entered: 10/27/2026)
Main Document:
Report and Recommendations
#11
Oct 27, 2026
PAPERLESS ORDER denying as moot 9 MOTION to Expedite. Petitioner seeks an expedited report and recommendation on the pending Writ. Because the Court has issued the report and recommendation, the Motion is moot. Signed by Magistrate Judge Yeney Hernandez on 10/27/2026. (jds) (Entered: 10/27/2026)
Oct 27, 2026
Order on Motion to Expedite
#12
Nov 06, 2026
ORDER ADOPTING 10 MAGISTRATE REPORT AND RECOMMENDATION: Petitioner's Verified Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief Pursuant to 28 U.S.C. § 2241 [ECF No. 1 ] is GRANTED in part and DENIED in part. Petitioner's detention falls under § 1226, and he is entitled to an individualized bond hearing. Signed by Judge David S. Leibowitz on 11/6/2026. See attached document for full details. (wce) (Entered: 11/06/2026)
Parties
Director, Miami Field Office for U.S. Immigration and Customs Enforcement
Party
Smieshkov
Party