MORALES LOPEZ v. Secretary, U.S. Department of Homeland Security (DHS) et al
| JOSE LUIS MORALES LOPEZ |
| Secretary, U.S. Department of Homeland Security (DHS), Acting Director, U.S. Immigration and Customs Enforcement (ICE), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office, Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE), Warden Krome North Service Processing Center, Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), Acting Director, Executive Office for Immigration Review and Assistant Field Office Director (AFOD) Krome North Service Processing Center |
| 1:2026cv26419 |
| September 16, 2026 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
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Filing 3
PAPERLESS ORDER striking #1 Petition for Writ of Habeas Corpus ("Petition"). On September 16, 2026, Petitioner filed his 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).Here, 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 his signature. 28 U.S.C. 1746. 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).Furthermore, pursuant to Local Rule 7.1(d)(1), a party requesting emergency action must certify that the filing "in fact presents a true emergency" and "requires an immediate ruling because the Court would not be able to provide meaningful relief after the expiration of seven days." S.D. Fla. L.R. 7.1(d)(1). Petitioner, however, does not certify in the Petition that the matter is a true emergency and has therefore failed to comply with Local Rule 7.1(d). And, as an aside, it does not appear from the face of the Petition that it presents a true emergency; indeed, the requested relief has unfortunately become commonplace in this District. It involves the application of 8 U.S.C. 1225 and 1226 in analyzing Petitioner's current detention, a subject that this Court has addressed in multiple cases over the past six months without invoking an emergency posture.Accordingly, the Petition, [ECF No. 1], is hereby STRICKEN. Petitioner shall, on or before September 24, 2026, 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. Signed by Judge Rodolfo A. Ruiz, II on 9/17/2026. (twk)
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| Filing 2 Judge Assignment to Judge Rodolfo A. Ruiz, II (vvb) |
| Filing 1 EMERGENCY APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19999531, filed by JOSE LUIS MORALES LOPEZ. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Vargas Valencia, Melany) Modified text on 9/17/2026 (vvb). |
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| Petitioner: JOSE LUIS MORALES LOPEZ | |
| Represented By: | Melany Vargas Valencia |
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| Respondent: Secretary, U.S. Department of Homeland Security (DHS) | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: Acting Director, U.S. Immigration and Customs Enforcement (ICE) | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Miami Field Office | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: Acting Executive Associate Director, Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE) | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: Warden Krome North Service Processing Center | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: Acting Executive Associate Director, Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE) | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: Acting Director, Executive Office for Immigration Review | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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| Respondent: Assistant Field Office Director (AFOD) Krome North Service Processing Center | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Noticing 2241/Bivens US Attorney |
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