Middle District of Florida • 2:26-cv-02727

#1

Oct 02, 2026

First PETITION for Writ of Habeas Corpus - Federal filed by Augusto Mariano Atily Berger.(Gomez, Angelo) (Entered: 10/02/2026)

#2

Oct 02, 2026

First PETITION for Writ of Habeas Corpus - Federal filed by Augusto Mariano Atily Berger. (Attachments: # 1 Civil Cover Sheet Civil Court, # 2 Civil Disclosure form, # 3 Exhibit 1- Travel Authorization, # 4 Exhibit 2 - I-94, # 5 Exhibit 3 - Employment authorization card, # 6 Exhibit 4 - I-130 Family Petition Receipt, # 7 Exhibit 5 - I-485 Adjustment of Status Application, # 8 Exhibit 6 - I-765 Employment Authorization Document application Receipt, # 9 Exhibit 7 - I-864 Affidavit of Support Form, # 10 Exhibit 8 - Biometrics appointment Receipt, # 11 Exhibit 9a - USCIS Interview notice, # 12 Exhibit 9b - USCIS Cancellation notice of interview, # 13 Exhibit 10 - Copy of Petitioner's I-693 Medical Examination, # 14 Exhibit 11 - Petitioner's I-213, # 15 Exhibit 12 - Petitioner's Florida Department of Law Enforcement records search, # 16 Exhibit 13 - Copy of Petitioner's Prior admissions to the United States, # 17 Exhibit 14 - Copy of Petitioner's Notice to Appear, # 18 Exhibit 15 - Copy Petitioner's Amended NTA, # 19 Exhibit 16 - Immigration Judge's order of removal, # 20 Exhibit 17 - Petitioner's parole request denial, # 21 Exhibit 18 - BIA Appeal Filing Receipt)(Gomez, Angelo) (Entered: 10/02/2026)

#3

Oct 02, 2026

First MOTION to Proceed In Forma Pauperis by Augusto Mariano Atily Berger. (Gomez, Angelo) (Entered: 10/02/2026)

#4

Oct 02, 2026

NOTICE of Lead Counsel Designation by Angelo Gomez on behalf of Augusto Mariano Atily Berger. Lead Counsel: Angelo Gomez. (Gomez, Angelo) (Entered: 10/02/2026)

#5

Oct 05, 2026

NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-2727-KCD-NPM. Motion(s) REFERRED: 3 First MOTION to Proceed In Forma Pauperis. Motion(s) referred to Magistrate Judge Nicholas P. Mizell. (JTM) (Entered: 10/05/2026)

Oct 05, 2026

Case Assigned/Reassigned

#6

Oct 06, 2026

ORDER to show cause why Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) should not be granted. The Clerk of Court is DIRECTED to send a copy of this Order, the Petition, with exhibits (Doc. 1) electronically to Respondents at USAFLM.Alcatraz@usdoj.gov and OPLAORLFEDLIT@ice.dhs.gov and by first-class mail to the Attorney General of the United States in Washington, D.C (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington DC 20530-0001). Petitioner is also directed to serve this order on Respondents by 10/13/2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 10/26/2026. Signed by District Judge Kyle C. Dudek on 10/6/2026. (CGW) (Entered: 10/06/2026)

#7

Oct 13, 2026

PROOF of service - WARDEN, GLADES COUNTY DETENTION CENTER; ACTING U.S. A.G. TODD BLANCHE; ACTING SECRETARY MARKWAYNE MULLIN; FIELD OFFICE DIRECTO GARRETT RIPA; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on October 13, 2026. (Attachments: # 1 Exhibit 1 - Proof of Service Warden, Glades County, # 2 Exhibit 2 - Proof of Service, Acting A.G. Todd Blanche, # 3 Exhibit 3 - Proof of Service, Acting Secretary Markwayne Mullin, # 4 Exhibit 4 - Proof of Service, Garrett J. Ripa, # 5 Exhibit 5 - Proof of Service, U.S. Immigration and Customs Enforcement, # 6 Exhibit 6 - Proof of Service, Opposing Counsel, United States Attorneys Office Middle District of Florida)(Gomez, Angelo) (Entered: 10/13/2026)

#8

Oct 22, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche.(Pardo, David) (Entered: 10/22/2026)

#9

Oct 23, 2026

ENDORSED ORDER granting 3 Petitioner's application to proceed without prepaying fees or costs. The court has reviewed the application submitted by Petitioner under 28 U.S.C. § 1915 and finds Petitioner qualifies to proceed in forma pauperis. Petitioner may proceed without paying the filing fee. Signed by Magistrate Judge Nicholas P. Mizell on 10/23/2026. (TLP) (Entered: 10/23/2026)

#10

Oct 23, 2026

ORDER GRANTING IN PART 1 Petition for Writ of Habeas Corpus filed by Augusto Mariano Atily Berger. Within ten days of this order, the Government shall either bring Berger for an individualized bond hearing before an immigration judge or release him under reasonable conditions of supervision. To satisfy this order, the Government must bear the burden of proof to justify continued detention. Laborde Casallas v. Ripa, No. 2:26-CV-02137-SPC-KRH, 2026 WL 2162793, at *2 (M.D. Fla. July 28, 2026). The habeas petition is otherwise denied. The Clerk is directed to deny all pending motions and close this case. Signed by District Judge Kyle C. Dudek on 10/23/2026. (KCD) (Entered: 10/23/2026)

Oct 23, 2026

Order on Motion to Proceed In Forma Pauperis