District of Arizona • 2:26-cv-07641

Bermudez v. Rosa

Active

Case Information

Filed: October 16, 2026
Assigned to: Krissa M. Lanham
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 16, 2026
PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 200024823 filed by Gian Carlo Perea Bermudez. (14 Pages and Envelope) (Attachments: # 1 Envelope)(ALR) (Entered: 10/21/2026)
Main Document: Petition for Writ of Habeas Corpus (Fed/2241)
#2
Oct 16, 2026
NOTICE OF ASSIGNMENT (Attachments: # 1 Instructions) (ALR) (Entered: 10/21/2026)
Main Document: Notice of Assignment
#3
Oct 21, 2026
NOTICE OF GENERAL ORDER 26-09 AND STANDARD SCHEDULE - See documents for complete details. (Attachments: # 1 Attachment, # 2 Attachment) (ALR) (Entered: 10/21/2026)
Main Document: Notice of General Order 26-09 and Standard Schedule - Immigration
#4
Oct 21, 2026
NOTICE OF SERVICE OF IMMIGRATION HABEAS PETITION AND SUPPORTING DOCUMENTS re: 3 Notice of General Order 26-09 and Standard Schedule, 1 Petition for Writ of Habeas Corpus (Fed/2241) upon Melissa Kroeger, Lon Leavitt, Dina Anagnopoulos, and Mary Finlon on this date. (ALR) (Entered: 10/21/2026)
Oct 21, 2026
Notice of Service - Immigration Habeas
#5
Oct 23, 2026
ORDER - On October 16, 2026, petitioner filed a petition for a writ of habeas corpus challenging his immigration detention. (Doc. 1 .) The court previously granted petitioner habeas relief and denied a motion to enforce judgment after he received a bond hearing on October 13, 2026. See Bermudez v. Rosa, No. 26-cv-2668, Docs. 29, 43 (D. Ariz. 2026). "Although the common law did not apply traditional res judicata principles to habeas petitions, courts developed different equitable doctrines to address abuses of the writ." Bowe v. United States, 607 U.S. 13, 41 n.10 (2026). In general, "[t]he abuse of the writ doctrine forbids the reconsideration of claims that were or could have been raised in a prior habeas petition." Eldridge v. Howard, 70 F.4th 543, 551 (9th Cir. 2023) (simplified). If the government raises the doctrine, a second or successive habeas petition "must be dismissed unless the petitioner can show (1) cause for bringing a successive petition and that prejudice would result or (2) that a fundamental miscarriage of justice would result from failure to entertain the claim." Alaimalo v. United States, 645 F.3d 1042, 1049 (9th Cir. 2011). Respondents must address abuse of the writ in its response. Petitioner may reply consistent with the deadline imposed by D. Ariz. General Order 26-09. Ordered by Judge Krissa M Lanham on 10/23/2026. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) (Entered: 10/23/2026)
Oct 23, 2026
Order
#6
Oct 27, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus (Fed/2241) RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Luis Rosa, Jr.(Faraldo, Derek) (Entered: 10/27/2026)
Main Document: Response to Habeas Petition (Fed/2241)
#7
Oct 28, 2026
ORDER - On October 23, 2026, the court issued an order providing citations to Supreme Court and Ninth Circuit cases discussing the "abuse of the writ" doctrine. (Doc. 5 .) That order stated "Respondents must address abuse of the writ in its response" to the petition. (Doc. 5 .) That order was issued before respondents appeared. IT IS ORDERED no later than October 30, 2026, respondents shall file a supplement addressing the abuse of the writ doctrine and its applicability in this case. Ordered by Judge Krissa M Lanham on 10/28/2026. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) (Entered: 10/28/2026)
Oct 28, 2026
Order
#8
Oct 29, 2026
RESPONSE re: 7 Order,, 5 Order,,,,,, Supplemental Response to Petition for Writ of Habeas Corpus by Respondent Luis Rosa, Jr. (Attachments: # 1 Exhibit A)(Faraldo, Derek) (Entered: 10/29/2026)
Main Document: Response

Parties

Bermudez
Party
Rosa
Party