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Habeas Corpus - Alien Detainee | Florida Middle
Order on Motion for Leave to File Document
It is ORDERED AND ADJUDGED: The Petition for a writ of habeas corpus 4 is GRANTED only to the extent that Petitioner's current detention under 8 U.S.C. § 1226(a) is unlawful, so habeas relief and an injunction are warranted. The remainder of the Petition is DENIED WITHOUT PREJUDICE AS MOOT. Respondents are DIRECTED to immediately release Petitioner into his counsel's custody on receipt of this Order. The Government's counsel is DIRECTED to liaise with Respondents and Petitioner's counsel to ensure Petitioner's safe and immediate release. Petitioner's counsel is DIRECTED to immediately notify the Court once Petitioner is safely released and collected. Respondents and all other persons or entities acting in active concert or participation with them are TEMPORARILY RESTRAINED AND ENJOINED from detaining Petitioner Simon Flores Diaz under 8 U.S.C. § 1226(a) until at least Friday, July 31, 2026. The Clerk is DIRECTED to enter judgment in favor of Petitioner and against Respondents and then to close the file. The Clerk is DIRECTED to unrestrict and maintain on the public docket the main documents attached as Docs. 1, 4, 5, 9, 10, and 13 only. The exhibits to those main documents must remain under restriction as they contain personally identifiable information. The Court RETAINS jurisdiction to enforce the terms of this Order. If Petitioner is later detained under § 1226(a) and deprived of a timely hearing but not released as ordered herein, he may move to reopen this case without opening a new file. The Court also RETAINS jurisdiction to consider the matter of fees and costs. See Local Rule 7.01. Petitioner's motion for leave to file a reply (Doc. 9) is DENIED AS MOOT. See PDF Order for more details. Signed by Judge Roy B. Dalton, Jr. on 7/17/2026. (EAM)
Other Immigration Actions | Florida Middle
Order on Motion for Extension of Time to Answer
ENDORSED ORDER granting 24 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the Complaint on or before September 21, 2026. Signed by Magistrate Judge Robert M. Norway on 7/17/2026. (CFG)
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