Miranda Pineda v. U.S. Immigration and Customs Enforcement et al
| Cesar David Miranda Pineda |
| U.S. Immigration and Customs Enforcement, David Venturella, U.S. Secretary of Homeland Security and U.S. Attorney General |
| 1:2026cv25959 |
| August 29, 2026 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| 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 September 3, 2026. A more recent docket listing may be available from PACER.
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Filing 18
ORDER OF DISMISSAL. Signed by Judge Rodolfo A. Ruiz, II on 9/3/2026. See attached document for full details. (adn)
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| Filing 17 NOTICE of Voluntary Dismissal by Cesar David Miranda Pineda (Ramos-Rosado, Juan) |
| Filing 16 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) NOT issued for the following reasons___ Amended Petition not filed as directed at Paperless Order DE #9 (ls) |
| Filing 15 NOTICE of Filing Proposed Summons(es) by Cesar David Miranda Pineda (Attachments: #1 Summon(s) Summons David Venturella, #2 Summon(s) Summons Garrett Ripa, #3 Summon(s) Summons Markwayne Mullin, #4 Summon(s) Summons Todd Blanche) (Ramos-Rosado, Juan) |
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Filing 14
ORDER TO SHOW CAUSE AND OMNIBUS ORDER. Signed by Judge Rodolfo A. Ruiz, II on 9/1/2026. See attached document for full details. (adn)
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| Filing 13 NOTICE of Change in Petitioner's Place of Detention by Cesar David Miranda Pineda (Ramos-Rosado, Juan) |
| Filing 12 NOTICE of Attorney Appearance by Esther Lyette Alcaraz on behalf of U.S. Attorney General, U.S. Immigration and Customs Enforcement, U.S. Secretary of Homeland Security, David Venturella. Attorney Esther Lyette Alcaraz added to party U.S. Attorney General(pty:res), Attorney Esther Lyette Alcaraz added to party U.S. Immigration and Customs Enforcement(pty:res), Attorney Esther Lyette Alcaraz added to party U.S. Secretary of Homeland Security(pty:res), Attorney Esther Lyette Alcaraz added to party David Venturella(pty:res). (Alcaraz, Esther) |
| Set Deadlines Per DE 9 . Amended Complaint due by 9/8/2026. (cqs) |
| Filing 11 Second MOTION for Order to Show Cause by Cesar David Miranda Pineda. Responses due by 9/14/2026. (Attachments: #1 Exhibit Motion for Bond Before EOIR, #2 Exhibit Timely Asylum Application, #3 Exhibit Motion for Bond Filing Confirmation, #4 Exhibit Status of Motion for Bond)(Ramos-Rosado, Juan) |
| Filing 10 MOTION to Amend/Correct #1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Cesar David Miranda Pineda. Responses due by 9/14/2026. (Attachments: #1 Exhibit Motion for Bond Before EOIR, #2 Exhibit Filing Receipt Motion for Bond, #3 Exhibit Status Motion for Bond)(Ramos-Rosado, Juan) |
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Filing 9
PAPERLESS ORDER striking #1 Petition for Writ of Habeas Corpus. On April 1, 2026, Petitioner filed his Petition for Writ of Habeas Corpus ("Petition"), [ECF No. 1], challenging his detention pursuant to 28 U.S.C. 2241. However, federal law requires that a habeas petition be "signed and verified by the person for whose relief it is intended or by someone acting in his behalf." 28 U.S.C. 2242 (emphasis added). As such, Local Rule 88.2 provides that habeas petitions filed under 28 U.S.C. 2241 must "be signed under penalty of perjury by [the] petitioner" or "by a person authorized to sign it" on the petitioner's behalf. S.D. Fla. L.R. 88.2(a) (alteration added). The Petition is deficient because it was not signed under penalty of perjury, as required by statute and Local Rule 88.2. To properly verify his application, federal law requires Petitioner or someone acting on his behalf to write, "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct" followed by their signature. 28 U.S.C. 1746 (emphasis added). Because the Petition is not properly verified, it is facially deficient. See McFarland v. Scott, 512 U.S. 849, 856 (1994) (recognizing courts are authorized to dismiss a habeas petition that appears legally insufficient on its face). Accordingly, the Petition, [ECF No. 1], is hereby STRICKEN. Petitioner has until September 8, 2026 to file an amended petition that comports with federal law and the Local Rules. Petitioner's failure to timely file an amended petition or otherwise comply with this Order will result in dismissal of this case without prejudice. This case shall be administratively CLOSED pending the refiling of an amended petition, and Petitioner's Application for Issuance of Order to Show Cause, [ECF No. 8], is DENIED AS MOOT. Signed by Judge Rodolfo A. Ruiz, II on 8/31/2026. (adn)
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| Filing 8 MOTION for Order to Show Cause by Cesar David Miranda Pineda. Responses due by 9/14/2026. (Attachments: #1 Exhibit Motion for Bond Before EOIR, #2 Exhibit Timely Asylum Application, #3 Exhibit Motion for Bond Filing Confirmation, #4 Exhibit Status of Motion for Bond)(Ramos-Rosado, Juan) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Cesar David Miranda Pineda (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s)) (Ramos-Rosado, Juan) |
| Filing 6 NOTICE of Filing Exhibits by Cesar David Miranda Pineda re #1 Application/Petition (Complaint) for Writ of Habeas Corpus, (Attachments: #1 Exhibit Motion for Bond Before EOIR, #2 Exhibit Filing Receipt Motion for Bond, #3 Exhibit Motion for Bond Status) (Ramos-Rosado, Juan) |
| Filing 5 Notice of Compliance of Filing Fee $5.00, receipt number AFLSDC-19930688, Electronic Habeas Civil Case Filing re 3 Clerk's Notice to Filer re: Electronic Case (Ramos-Rosado, Juan) |
| Filing 4 Clerk's Notice to Filer re: Summons(es) will not be issued. The filing fee has not been paid. Filer may file a Notice of Filing Proposed Summons(es) with the summons attached upon payment of filing fee. (cds) |
| Filing 3 Clerk's Notice to Filer re: New Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $5.00 within 24 hours of this notice. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (cds) |
| Filing 1 STRICKEN APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 Not Paid/No IFP Filed, filed by Cesar David Miranda-Pineda. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Ramos-Rosado, Juan) Modified Text on 8/31/2026 (cds). Modified on 9/1/2026 (cqs). PER DE 9 . |
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