Southern District of Florida • 1:26-cv-26511

Rosell Johnson v. U.S. Immigration and Custom Enforcement

Active

Case Information

Filed: September 21, 2026
Assigned to: Jacqueline Becerra
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: October 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 21, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (not paid/ IFP Motion not filed), filed by Alberto Enrique Rosell Johnson. (Attachments: # 1 Memorandum of Law)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 09/21/2026)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Sep 21, 2026
Judge Assignment to Judge Jacqueline Becerra (kma) (Entered: 09/21/2026)
#3
Sep 21, 2026
ORDER TO SHOW CAUSE AND FOR PRODUCTION OF EVIDENCE. Signed by Judge Jacqueline Becerra See attached document for full details. (nsy) (Entered: 09/21/2026)
Main Document: Order to Show Cause
Sep 21, 2026
Judge Assignment
#4
Sep 24, 2026
NOTICE of Attorney Appearance by Timothy J. Abraham on behalf of U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement. Attorney Timothy J. Abraham added to party U.S. Department of Homeland Security(pty:dft), Attorney Timothy J. Abraham added to party U.S. Immigration and Custom Enforcement(pty:dft). (Abraham, Timothy) (Entered: 09/24/2026)
Main Document: Notice of Attorney Appearance
#5
Sep 24, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause by U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement. (Attachments: # 1 Exhibit A - 213, # 2 Exhibit B - DH, # 3 Exhibit C - NTA, # 4 Exhibit D - IJ Order, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H)(Abraham, Timothy) (Entered: 09/24/2026)
Main Document: Response to Order to Show Cause
#6
Sep 25, 2026
PAPERLESS ORDER. THIS CAUSE comes before the Court upon sua sponte review of the record. In the Response, Respondent states that Petitioner was taken into custody because his "Release on an Order of Supervision was revoked due to his failure to comply with release conditions due to his criminal convictions." ECF No. 5 at 3. The Notice of Revocation of Release refers to an Order of Supervision ("OSUP") dated July 30, 1991. ECF No. [5-5]. There is no OSUP in the record, and the Court notes that the OSUP Respondent relies upon in the Notice of Revocation was issued before a final removal order was entered against Petitioner in March, 2000 due to his criminal convictions in 1995 and 1999. There is no indication in the record that Petitioner has been convicted of any crime since then. Accordingly, Respondent is ORDERED to file by September 30, 2026 a copy of the Order of Supervision that it relied upon to revoke Petitioner's release and a Supplemental Response that addresses whether revocation of Petitioner's release violated due process. Signed by Judge Jacqueline Becerra (nsy) (Entered: 09/25/2026)
#7
Sep 25, 2026
NOTICE of filing Declaration of Deportation Officer in Support of Response to OTSC by U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement re 5 Response to Order to Show Cause, (Attachments: # 1 Exhibit Declaration of Deportation Officer) (Abraham, Timothy) (Entered: 09/25/2026)
Main Document: Notice (Other)
Sep 25, 2026
- Order (PAPERLESS or pdf attached)
#8
Oct 01, 2026
NOTICE of Filing Exhibits by U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement re 5 Response to Order to Show Cause, (Attachments: # 1 Exhibit A- Order of Supervision, # 2 Exhibit B- Supplemental Declaration) (Abraham, Timothy) (Entered: 10/01/2026)
Main Document: Notice (Other)
#9
Oct 01, 2026
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Respondents' Notice of Filing Exhibits. ECF No. 8 . Therein, Respondents request an extension of time until tomorrow to file their Supplemental Response. Upon due consideration of the Notice, the pertinent portions of the record, and the relevant authorities, it is hereby ORDERED AND ADJUDGED that Respondents' request for an extension of time is GRANTED. Respondents shall file their Supplemental Response addressing whether revocation of Petitioner's release violated due process by October 2, 2026. Signed by Judge Jacqueline Becerra (nsy) (Entered: 10/01/2026)
#10
Oct 01, 2026
PAPERLESS ORDER. THIS CAUSE comes before the Court on Respondents' Notice of Filing Declaration. ECF No. 7 . Therein, Respondents state that "[i]n light of Judge Bloom's recent decision in Leiva Baez v. U.S. D.H.S., 26-CV-24823 at 7-8 (September 24, 2026) (granting habeas on a Zadvydas claim where "Respondents have made no attempt to show that Mexico has agreed to accept Petitioner or that it will likely do so soon.") and the D.V.D. First Circuit's decision and the pending effect of the surrounding litigation of that decision on third country removals, Respondents respectfully need more time to obtain guidance from Washington, D.C. before moving to lift the stay and proceeding with a third country removal in this case." Id. The Court construes Respondents' statement as a request for an extension of time. Accordingly, upon due consideration of the Notice, the pertinent portions of the record, and the relevant authorities, it is ORDERED AND ADJUDGED that Respondents' request for an extension of time is GRANTED IN PART AND DENIED IN PART. If Respondents intend to file an amended declaration or any other submission regarding third country removal in this case, they must do so by October 8, 2026. Signed by Judge Jacqueline Becerra (nsy) (Entered: 10/01/2026)
Oct 01, 2026
- Order (PAPERLESS or pdf attached)
#11
Oct 02, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 6 Order,,,, by U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement. (Abraham, Timothy) (Entered: 10/02/2026)
Main Document: Response to Order to Show Cause

Parties

Rosell Johnson
Party
U.S. Immigration and Custom Enforcement
Party