Alvarez Vargas v. Bondi et al (Collier County)
| Felix Alvarez Vargas |
| Secretary Markwayne Mullin, Field Off. Director Garrett Ripa, US Attorney General Pamela Jo Bondi and Warden, Florida Soft Side Det. Facility |
| 2:2026cv01000 |
| April 2, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on April 29, 2026. A more recent docket listing may be available from PACER.
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Filing 12
ORDER granting in part and denying in part #1 Petition for Writ of Habeas Corpus, filed by Felix Alvarez Vargas. The Court orders the Government to provide Petitioner with the statutory process required under 1226, which includes a bond hearing. All other relief is DENIED. The Clerk is directed to terminate any pending motions and deadlines and close the case. Signed by District Judge Kyle C. Dudek on 4/29/2026. (CGW)
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Filing 10
ENDORSED ORDER denying #9 Respondent Warden's Motion to Dismiss Petition for Writ of Habeas Corpus for the reasons set forth in Jimenez v. Mordant, No. 2:26-cv-451-KCD-NPM, 2026 WL 820536 (M.D. Fla. Mar. 25, 2026). Petitioner seeks, among other relief, immediate release from custody. As the immediate custodian of Petitioner, Warden is a proper respondent to his habeas petition. Signed by District Judge Kyle C. Dudek on 4/28/2026. (BLW)
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| Filing 11 PROOF of service - Attorney General of the United States served on 4/16/2026. (AM) |
| Filing 9 MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side Det. Facility. (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Meros, Nicholas) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 8 RESPONSE to #1 Petition for Writ of Habeas Corpus by Pamela Jo Bondi, Markwayne Mullin, Garrett Ripa. (Attachments: #1 Exhibit 1 - Composite Exhibit, #2 Exhibit 2 - Redacted Briefing)(Holloman, Avery) |
| Filing 7 NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side Det. Facility (Meros, Nicholas) |
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Filing 6
ORDER denying #4 Motion for Temporary Restraining Order and the case will proceed to a review of the merits in due course. Vargas has not "clearly establish[ed] that he is likely to succeed on the merits." Id. He maintains that the Government is illegally holding him under 8 U.S.C. 1225. Yet two circuit courts have recently rejected his proposed reading of 1225. See, e.g., Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026); Avila v. Bondi, No. 25-3248, 2026 WL 819258 (8th Cir. Mar. 25, 2026). Given these decisions, the Court declines to enter an injunction and grant Vargas essentially the full measure of relief he seeks in the habeas petition. Signed by District Judge Kyle C. Dudek on 4/7/2026. (CGW)
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Filing 5
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 the United States Attorney's Office in Tampa, Florida ([email protected]) and by certified 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 4/13/2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 4/27/2026. Signed by District Judge Kyle C. Dudek on 4/6/2026. (CGW)
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| Filing 4 MOTION for Temporary Restraining Order by Felix Alvarez Vargas. (Stoller, David) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 3 NOTICE TO COUNSEL David Stoller 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). (LJC) |
| Filing 2 NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-01000-KCD-NPM. (LAW) |
| Filing 1 PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24714198) filed by Felix Alvarez Vargas. (Attachments: #1 Exhibit Online Detainee Locator Printout, #2 Exhibit 62 Fed. Reg. 10312, 10323 (03/06/1997), #3 Exhibit ICE Memo: Interim Guidance Regarding Detention Authority for Applicants for Admission, #4 Civil Cover Sheet)(Stoller, David) Modified on 4/3/2026 as to docket text (LJC). |
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