Southern District of Florida • 1:26-cv-26419

#1

Sep 16, 2026

STRICKEN EMERGENCY APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19999531, filed by JOSE LUIS MORALES LOPEZ. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Vargas Valencia, Melany) Modified text on 9/17/2026 (vvb). Modified on 9/18/2026 (cqs). Per De 3 . (Entered: 09/16/2026)

#2

Sep 16, 2026

Judge Assignment to Judge Rodolfo A. Ruiz, II (vvb) (Entered: 09/17/2026)

#3

Sep 17, 2026

PAPERLESS ORDER striking 1 Petition for Writ of Habeas Corpus ("Petition"). On September 16, 2026, Petitioner filed his Petition, [ECF No. 1], challenging his detention pursuant to 28 U.S.C. § 2241. However, federal law requires that a habeas petition be "signed and verified by the person for whose relief it is intended or by someone acting in his behalf." 28 U.S.C. § 2242 (emphasis added). As such, Local Rule 88.2 provides that habeas petitions filed under 28 U.S.C. § 2241 must "be signed under penalty of perjury by [the] petitioner" or "by a person authorized to sign it" on the petitioner's behalf. S.D. Fla. L.R. 88.2(a).Here, the Petition is deficient because it was not signed under penalty of perjury, as required by statute and Local Rule 88.2. To properly verify his application, federal law requires Petitioner or someone acting on his behalf to write, "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct" followed by his signature. 28 U.S.C. § 1746. Because the Petition is not properly verified, it is facially deficient. See McFarland v. Scott, 512 U.S. 849, 856 (1994) (recognizing courts are authorized to dismiss a habeas petition that appears legally insufficient on its face).Furthermore, pursuant to Local Rule 7.1(d)(1), a party requesting emergency action must certify that the filing "in fact presents a true emergency" and "requires an immediate ruling because the Court would not be able to provide meaningful relief … after the expiration of seven days." S.D. Fla. L.R. 7.1(d)(1). Petitioner, however, does not certify in the Petition that the matter is a true emergency and has therefore failed to comply with Local Rule 7.1(d). And, as an aside, it does not appear from the face of the Petition that it presents a true emergency; indeed, the requested relief has unfortunately become commonplace in this District. It involves the application of 8 U.S.C. § 1225 and § 1226 in analyzing Petitioner's current detention, a subject that this Court has addressed in multiple cases over the past six months without invoking an emergency posture.Accordingly, the Petition, [ECF No. 1], is hereby STRICKEN. Petitioner shall, on or before September 24, 2026, file an amended petition that comports with federal law and the Local Rules. Petitioner's failure to timely file an amended petition or otherwise comply with this Order will result in dismissal of this case without prejudice. This case shall be administratively CLOSED pending the refiling of an amended petition. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2026. (twk) (Entered: 09/17/2026)

Sep 17, 2026

Judge Assignment

Sep 17, 2026

Administrative Order AND Order Striking

#4

Sep 18, 2026

NOTICE of Attorney Appearance by Yaniece McPherson on behalf of Acting Director, Executive Office for Immigration Review, Acting Director, U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE), Assistant Field Office Director (AFOD) Krome North Service Processing Center, Secretary, U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office, Warden Krome North Service Processing Center. Attorney Yaniece McPherson added to party Acting Director, Executive Office for Immigration Review(pty:res), Attorney Yaniece McPherson added to party Acting Director, U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Yaniece McPherson added to party Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Yaniece McPherson added to party Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Yaniece McPherson added to party Assistant Field Office Director (AFOD) Krome North Service Processing Center(pty:res), Attorney Yaniece McPherson added to party Secretary, U.S. Department of Homeland Security (DHS)(pty:res), Attorney Yaniece McPherson added to party U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office(pty:res), Attorney Yaniece McPherson added to party Warden Krome North Service Processing Center(pty:res). (McPherson, Yaniece) (Entered: 09/18/2026)

Sep 18, 2026

~Util - Set/Reset Deadlines/Hearings

Sep 18, 2026

Set Deadlines Per DE 3 . Amended Complaint due by 9/24/2026. (cqs)

#5

Sep 22, 2026

AMENDED COMPLAINT for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 against Acting Director, Executive Office for Immigration Review, Acting Director, U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE), Assistant Field Office Director (AFOD) Krome North Service Processing Center, Secretary, U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office, Warden Krome North Service Processing Center, filed by Jose Luis Morales Lopez. (Attachments: # 1 Exhibit)(Vargas Valencia, Melany) (Entered: 09/22/2026)

#6

Sep 23, 2026

ORDER TO SHOW CAUSE AND OMNIBUS ORDER. Signed by Judge Rodolfo A. Ruiz, II on 9/23/2026. See attached document for full details. (twk) (Entered: 09/23/2026)

#7

Sep 30, 2026

ORDER TO SHOW CAUSE. Signed by Judge Rodolfo A. Ruiz, II on 9/30/2026. See attached document for full details. (bfn) (Entered: 09/30/2026)

Oct 01, 2026

Set Deadlines Per DE 7 . Show Cause Response due by 10/14/2026. (cqs)

Oct 01, 2026

~Util - Set/Reset Deadlines/Hearings

#8

Oct 14, 2026

Response to Order to Show Cause

#9

Oct 14, 2026

Reply to Response to Order to Show Cause AND Response to Order to Show Cause

#10

Oct 16, 2026

- Order (PAPERLESS or pdf attached)

Oct 16, 2026

Order

Oct 19, 2026

Acknowledgment of Receipt