Middle District of Florida • 3:26-cv-02619

Duran Carrillo v. Warden, Florida Baker Correctional Institute

Completed

Case Information

Filed: September 28, 2026
Assigned to: Marcia Morales Howard
Referred to: Samuel J. Horovitz
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: October 27, 2026
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
First PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-25622493) filed by Efren Alejandro Duran Carrillo. (Attachments: # 1 Civil Cover Sheet (JS-44), # 2 Exhibit Form I-94 Arrival/Departure Record (Humanitarian Parole - VHP), # 3 Exhibit Notice to Appear (Proof of Prior Release), # 4 Exhibit USCIS Notice of Asylum Application Fingerprints, # 5 Exhibit Respondents work permit, # 6 Exhibit Respondents high school transcripts, # 7 Exhibit Parents 2025 taxes, # 8 Exhibit Respondents DL, # 9 Exhibit Electric Bill, # 10 Exhibit sponsor package, # 11 Exhibit Support letters)(Tome, Jessica) Modified on 9/29/2026 (JVC). (Entered: 09/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 28, 2026
NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Samuel J. Horovitz. New case number: 3:26-cv-02619-MMH-SJH. (JVC) (Entered: 09/29/2026)
#3
Sep 29, 2026
NOTICE TO COUNSEL Jessica Tome of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JVC) (Entered: 09/29/2026)
#4
Sep 29, 2026
NOTICE of Lead Counsel Designation by Jessica Tome on behalf of Efren Alejandro Duran Carrillo. Lead Counsel: Jessica Tome. (Tome, Jessica) (Entered: 09/29/2026)
Main Document: Notice of Lead Counsel Designation
Sep 29, 2026
Case Assigned/Reassigned
Sep 29, 2026
Notice to Counsel of Local Rule
#5
Sep 30, 2026
ENDORSED ORDER. Petitioner's signature on the verification (Doc. 1 at 11) does not comply with section G.3 of the Court's Administrative Procedures for Electronic Filing, available on the Court's website at https://www.flmd.uscourts.gov/sites/flmd/files/documents/flmd-administrative-procedures-for-electronic-filing_0.pdf. Thus, by October 5, 2026, Petitioner must supplement the 1 Petition with a proper verification under 28 U.S.C. § 2242. Signed by Magistrate Judge Samuel J. Horovitz on 9/30/2026. (JLD) (Entered: 09/30/2026)
Sep 30, 2026
Order Directing Compliance
#6
Oct 05, 2026
Petitioner's SUPPLEMENT Verification Pursuant to 28 U.S.C. § 2242 by Efren Alejandro Duran Carrillo. (Tome, Jessica) Modified removed caps on 10/6/2026 (AW). (Entered: 10/05/2026)
Main Document: Supplement
#7
Oct 06, 2026
ENDORSED ORDER. Petitioner challenges how the Department of Homeland Security has classified his detention, and he argues that "Respondents" are unlawfully detaining him. See Doc. 1. As the sole Respondent, he names the Warden of Florida Baker Correctional Institute. See id. at 3. While the Warden likely is a proper respondent, he may be "ill-equipped to respond to a habeas petition and defend the federal government's interests." Fonseca v. Ripa, No. 3:26-CV-309-MMH-MCR, 2026 WL 1072778, at *5 (M.D. Fla. Apr. 21, 2026); see Krechmar v. Parra, No. 2:25-CV-01095-SPC-DNF, 2025 WL 3620802, at *2 (M.D. Fla. Dec. 15, 2025) (recognizing that "[t]he warden of Alligator Alcatraz would be ill-equipped to respond to the merits of [the petitioner's] claims and to be the sole defender of the federal government's interests" (emphasis added)). Thus, by October 9, 2026, Petitioner must either file an amended petition or file a notice indicating he wishes to proceed on 1 the Petition as filed. Signed by Magistrate Judge Samuel J. Horovitz on 10/6/2026. (JLD) (Entered: 10/06/2026)
Oct 06, 2026
Order Directing Compliance
#8
Oct 07, 2026
**REFILED AT DOCKET ENTRY 9.** AMENDED PETITION for writ of habeas corpus filed by Efren Alejandro Duran Carrillo.(Tome, Jessica) Modified on 10/8/2026 as to docket text (LJC). (Entered: 10/07/2026)
Main Document: Amended petition for writ of habeas corpus
#9
Oct 08, 2026
AMENDED PETITION for writ of habeas corpus filed by Efren Alejandro Duran Carrillo.(Tome, Jessica) Modified on 10/8/2026 as to docket text (LJC). (Entered: 10/08/2026)
Main Document: Amended petition for writ of habeas corpus
#10
Oct 08, 2026
ORDER to respond and show cause why the amended petition should not be granted. The Clerk is directed to serve the amended petition. Response to amended petition due by 10/16/2026. The Petitioner has 3 business days to reply to the response. Signed by Judge Marcia Morales Howard on 10/8/2026. (CAW) (Entered: 10/08/2026)
Main Document: Order to Respond to Habeas Petition
#11
Oct 16, 2026
RESPONSE to amended petition for writ of habeas corpus by Field Office Director of Enforcement and Removal Operations, Miami Field Office, Immigration and Customs Enforcement, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Additional Charges of Inadmissibility)(Mapp, Kyesha) (Entered: 10/16/2026)
Main Document: Response to amended habeas petition
Attachment 1: Exhibit Form I-213
Attachment 2: Exhibit Additional Charges of Inadmissibility
#12
Oct 19, 2026
REPLY to re 11 by Efren Alejandro Duran Carrillo. (Tome, Jessica) Modified text on 10/19/2026 (AW). (Entered: 10/19/2026)
Main Document: Reply to response to petition
#13
Oct 19, 2026
NOTICE of Appearance by Gabriel Dewayne Smith on behalf of Warden, Baker Correctional Institution (Smith, Gabriel) (Entered: 10/19/2026)
Main Document: Notice of appearance
#14
Oct 22, 2026
MOTION to Dismiss The Warden as an Improper Party from Petition for Writ of Habeas Corpus by Warden, Baker Correctional Institution. (Attachments: # 1 Exhibit Memorandum of Agreement 287(g), # 2 Exhibit DEM Contract)(Smith, Gabriel) (Entered: 10/22/2026)
Main Document: Dismiss
Attachment 1: Exhibit Memorandum of Agreement 287(g)
Attachment 2: Exhibit DEM Contract
#15
Oct 23, 2026
RESPONSE in Opposition re 14 MOTION to Dismiss The Warden as an Improper Party from Petition for Writ of Habeas Corpus filed by Efren Alejandro Duran Carrillo. (Tome, Jessica) (Entered: 10/23/2026)
Main Document: Response in Opposition to Motion
#16
Oct 26, 2026
ORDER granting 9 Amended Petition, directions to the Clerk. Within seven days of this Order, Respondents shall either afford Petitioner an individualized bond hearing or release him. Signed by Judge Marcia Morales Howard on 10/21/2026. (ZLG) (Entered: 10/26/2026)
Main Document: Order
#17
Oct 27, 2026
JUDGMENT Duran Carrillo's Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. section 2241 is GRANTED. ( Signed by Deputy Clerk) (MLB) (Entered: 10/27/2026)
Main Document: Judgment

Parties

Duran Carrillo
Party
Warden, Florida Baker Correctional Institute
Party