Middle District of Florida • 3:26-cv-02667

#1

Oct 02, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-25647744) filed by Oswaldo Monterola. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet (JS-44), # 2 Exhibit Form I-94 Arrival/Departure Record (Humanitarian Parole - VHP), # 3 Exhibit ASYLUM RECEIPT NOTICE, # 4 Exhibit Work permit and Drivers License, # 5 Exhibit MARRIAGE CERTIFICATE, # 6 Exhibit Daughters birth certificate foreign, # 7 Exhibit Warranty Deed-Evidence of ownership, # 8 Exhibit Taxes 2023, 2024 and 2025, # 9 Exhibit Construction Company evidence of ownership, # 10 Exhibit Sponsor Package, # 11 Exhibit Support letters)(Tome, Jessica) Modified Text on 10/5/2026 (JAW). (Entered: 10/02/2026)

#2

Oct 02, 2026

NOTICE of Lead Counsel Designation by Jessica Tome on behalf of Oswaldo Monterola. Lead Counsel: Jessica Tome. (Tome, Jessica) Modified Text on 10/5/2026 (JAW). (Entered: 10/02/2026)

#3

Oct 05, 2026

NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Samuel J. Horovitz. New case number: 3:26-cv-02667-WWB-SJH. (JAW) (Entered: 10/05/2026)

Oct 05, 2026

Case Assigned/Reassigned

#4

Oct 06, 2026

ENDORSED ORDER. Petitioner, who is represented by counsel, argues that he is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2). See Doc. 1. As the sole Respondent, he names the Warden of Baker County Detention Center. See id. 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." Lanvin-Valdez v. U.S. Immigr. & Customs Enf't, No. 3:26-CV-180-JEP-SJH, 2026 WL 1004569, at *2-3 (M.D. Fla. Apr. 14, 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"). 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. (KLC) (Entered: 10/06/2026)

#5

Oct 06, 2026

NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective November 1, 2025, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions, including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 10/6/2026. (CKS) (Entered: 10/06/2026)

Oct 06, 2026

Order

#6

Oct 07, 2026

First AMENDED PETITION by a FEDERAL prisoner for writ of habeas corpus filed by Oswaldo Monterola.(Tome, Jessica) (Entered: 10/07/2026)

#7

Oct 27, 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 11/3/2026. The Petitioner has 3 business days to reply to the response. Signed by Judge Wendy W. Berger on 10/27/2026. (CAW) (Entered: 10/27/2026)

#8

Nov 02, 2026

Exhibit A

#9

Nov 02, 2026

Notice of appearance

#10

Nov 03, 2026

Dismiss

#11

Nov 03, 2026

Response in Opposition to Motion