Vitale Rosamilia v. Mina et al
| Domenico Vitale Rosamilia |
| John Mina, Louis A. Quinones, United States Department of Homeland Security, Immigration and Customs Enforcement and Garrett Ripa |
| 6:2026cv00209 |
| January 26, 2026 |
| U.S. District Court for the Middle District of Florida |
| Orlando Office |
| Paul G Byron |
| Leslie Hoffman Price |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on May 1, 2026. A more recent docket listing may be available from PACER.
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| Filing 28 PROOF of service - Kristi Noem served on 4/24/2026. (MSN) |
| Filing 27 PROOF of service as to United States Attorney General (70143490000032450141) (MSN) |
Filing 26
ENDORSED ORDER finding as moot #22 Motion for Hearing and Oral Argument. See 25 the Court's Order. Signed by Judge Paul G. Byron on 2/18/2026. (REG)
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Filing 25
ENDORSED ORDER granting in part and denying in part #23 Amended Motion for Reconsideration and Opportunity to Respond to Order of Reprimand. The Court GRANTS Attorneys Gregory Kehoe and Joy Warner's request that it reconsider its reprimand of Attorney Warner in the #14 Court Order. The Court finds that the misstatement by Attorney Warner in the #11 Consented Emergency Motion for Clarification was the byproduct of the sudden and heavy influx of habeas petitions and was unintentional. Accordingly, the Court hereby VACATES IN PART the #14 Court Order. Specifically, the Court vacates the portion of the #14 Order wherein it officially reprimanded Attorney Warner and ordered her to provide a copy of the #14 Court Order and the Order to Show Cause entered by Judge Roy Dalton to the State Bar Association where she is licensed to practice law. (See Doc. #14, pp. 3-4). The #23 Amended Motion is DENIED in all other respects. Signed by Judge Paul G. Byron on 2/18/2026. (REG)
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Filing 24
ENDORSED ORDER finding as moot #21 Motion for Reconsideration and Opportunity to Respond to Order of Reprimand. See #23 Amended Motion for Reconsideration and Opportunity to Respond to Order of Reprimand. Signed by Judge Paul G. Byron on 2/17/2026. (REG)
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| Filing 23 Amended MOTION for Reconsideration and Opportunity to Respond to Order of Reprimand by Immigration and Customs Enforcement, John Mina, Louis A. Quinones, Garrett Ripa, United States Department of Homeland Security. (Attachments: #1 Exhibit A)(Warner, Joy) Modified on 2/18/2026 as to docket text (LJC). |
| Filing 22 MOTION for Hearing and Oral Argument re #21 MOTION for Reconsideration by Immigration and Customs Enforcement, John Mina, Louis A. Quinones, Garrett Ripa, United States Department of Homeland Security. (Warner, Joy) . Added REQUEST for oral argument on 2/18/2026 (LJC). Modified on 2/18/2026 to add applicable motion type (LJC). |
| Filing 21 MOTION for Reconsideration by Immigration and Customs Enforcement, John Mina, Louis A. Quinones, Garrett Ripa, United States Department of Homeland Security. (Attachments: #1 Exhibit A)(Warner, Joy) |
| Filing 20 PROOF of service as to US Attorney's Office (70143490000032450103) (MSN) |
| Filing 19 PROOF of service as to US Attorney's office (70112000000246642414) (MSN) |
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Filing 18
ENDORSED ORDER. For the reasons stated in the #14 Court Order, the #1 Petition for Writ of Habeas Corpus is GRANTED. The Court retains jurisdiction in the event of noncompliance with its Orders. The Clerk of Court is DIRECTED to close the file. Signed by Judge Paul G. Byron on 2/5/2026. (REG)
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| Filing 17 PROOF of service (70143490000032450134) as to US Attorney's Office on 2/2/2026 (MSN) |
| Filing 16 PROOF of service (7014349000032450097) as to the US Attorney General on 2/2/2026 (MSN) |
| Filing 15 NOTICE canceling Evidentiary Hearing scheduled for 2/4/2026. (KM) |
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Filing 14
**VACATED in part per Order No. 25.** ORDER granting #13 construed Motion for the Immediate Release of Petitioner Domenico Vitale Rosamilla. Domenico Vitale Rosamilla shall be released from custody of the Orange County Jail, EFFECTIVE IMMEDIATELY. Assistant United States Attorney Joy Warner is OFFICIALLY REPRIMANDED for her lack of candor to the tribunal. Ms. Warner is ORDERED to immediately provide a copy of this Order and the Order to Show Cause entered by Judge Dalton in Rivero v. Sheriff John Mina, et al., 6:26-cv-66-RBD-NWH, to the State Bar Association where she is licensed to practice law. The Clerk of Court is DIRECTED to serve copies of this Order as directed herein. See Order for further details. Signed by Judge Paul G. Byron on 2/2/2026. (REG) Modified on 2/18/2026 as to docket text (LJC).
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| Filing 13 RESPONSE to #1 Petition for Writ of Habeas Corpus by Immigration and Customs Enforcement, John Mina, Louis A. Quinones, Garrett Ripa, United States Department of Homeland Security. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Warner, Joy) |
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Filing 12
ENDORSED ORDER granting #11 Consented Emergency Motion for Clarification. As the #6 Court Order states, the Respondents are temporarily enjoined from transferring Petitioner from the Orange County Jail to another location until further order of the Court. The #6 Court Order requires Respondents to maintain the status quo until the evidentiary hearing before the Court that is currently set for February 4, 2026 at 10:00 AM. Signed by Judge Paul G. Byron on 1/30/2026. (REG)
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| Filing 11 Emergency MOTION for Clarification re #6 Order by Immigration and Customs Enforcement, John Mina, Louis A. Quinones, Garrett Ripa, United States Department of Homeland Security. (Warner, Joy) |
| Filing 10 NOTICE of Lead Counsel Designation by Lorraine Margarita Marte on behalf of Domenico Vitale Rosamilia. Lead Counsel: Lorraine Margarita Marte. (Marte, Lorraine) |
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Filing 9
ENDORSED ORDER. In an abundance of caution, and in light of a minor scrivener's error in the service information in the #6 Court Order & #7 Writ, the Clerk of Court is DIRECTED to serve copies of the #6 Court Order & #7 Writ as follows: (1) United States Attorney's Office via certified mail to 400 W. Washington Street, Suite 3100, Orlando, FL 32801; and (2) United States Attorney General via certified mail to 950 Pennsylvania Ave., NW Washington, DC 20530. Signed by Judge Paul G. Byron on 1/28/2026. (REG)
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| Filing 8 NOTICE TO COUNSEL Lorraine Margarita Marte 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). (WLB) |
| Filing 7 WRIT of Habeas Corpus Ad Testificandum issued. (KM) |
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Filing 6
ORDER re 4 Endorsed Order. Petitioner's request for a TRO (Doc. #1) is GRANTED. Respondents and those in privity with them are hereby TEMPORARILY ENJOINED from transferring Domenico Vitale Rosamilia from the Orange County Jail until further order of the Court. Respondents shall respond in writing to Petitioner's request for injunctive relief (Doc. #1) by February 1, 2026, and show cause why the Court should not issue a preliminary injunction. The Clerk of Court is DIRECTED to serve copies of the Petition and this Order as directed herein. No bond shall be required as the Court deems it unnecessary. TAKE NOTICE that the Court will consider this matter at a hearing on February 4, 2026 at 10:00 AM, at which time the TRO will expire unless extended. See Order for further details. Signed by Judge Paul G. Byron on 1/27/2026. (REG)
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| Filing 5 NOTICE of hearing: Evidentiary Hearing set for 2/4/2026 at 10:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. (KM) |
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Filing 4
ENDORSED ORDER granting #1 Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief to the extent that the Petitioner seeks a Temporary Restraining Order. (See Doc. 1, pp. 11-12). Within five (5) days of the date of this Order, inclusive of weekends, Respondents shall respond to the Petition and show cause why it should not be granted. The Clerk is DIRECTED to send a copy of this Order, the #1 Petition, and all attachments to the Petition: (a) electronically to the United States Attorney's Office in Orlando, Florida, and (b) by certified mail to (1) Kristi Noem, Secretary, Office of the General Counsel, United States Department of Homeland Security, 2707 Martin Luther King, Jr. Ave., SE, Washington, D.C., 20528-0485, and (2) Garret Ripa, Miami Field Office, Director, United States Immigration and Customs Enforcement, 865 SW 78th Ave., Suite 101, Plantation, Florida, 33324. Failure to timely respond shall result in the Petition being granted. An evidentiary hearing on the #1 Petition for Writ of Habeas Corpus is scheduled for February 4, 2026, at 10:00 AM in Orlando Courtroom 4B before Judge Paul G. Byron. Petitioner's presence is required. Signed by Judge Paul G. Byron on 1/27/2026. (REG)
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| Filing 3 Case Reassigned to Judge Paul G. Byron. New case number: 6:26-cv-209-PGB-LHP. Judge Anne C. Conway no longer assigned to the case. (RPB) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Leslie Hoffman Price. New case number: 6:26-cv-209-ACC-LHP. (RLD) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number AFLMDC-24378211) filed by Domenico Vitale Rosamilia. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, IJ Order Granting Bond, #3 Exhibit B, Asylum Interview Notice, #4 Exhibit C, Draft USCIS Asylum Approval Notice, #5 Exhibit D, USCIS Case Status Asylum, #6 Proposed Summons)(Marte, Lorraine) Modified on 1/27/2026 to edit docket text (ELA). |
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