4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2026-01-15
The pro se habeas corpus petition is denied because the claims are not cognizable under § 2241 and the detention is not constitutionally excessive.
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Fla. 3d DCA·
2026-01-14
A petitioner is procedurally barred from raising the same claim in a successive habeas corpus petition when the circumstances upon which the claim is based were known or should have been known at the time of the prior petition.
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M.D. Fla.·
2026-01-14
The court held that the petitioner failed to make the clear showing required for a temporary restraining order, denying his motion for immediate release.
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M.D. Fla.·
2026-01-12
The court held that it lacks jurisdiction to grant a stay of removal under 8 U.S.C. § 1252(g), and the All Writs Act cannot override this specific statutory prohibition.
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M.D. Fla.·
2026-01-12
The district court held it lacks jurisdiction to grant a stay of removal because 8 U.S.C. § 1252(g) divests courts of the power to review challenges to the execution of removal orders.
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M.D. Fla.·
2026-01-12
The court held that the petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to properly exhaust state remedies by presenting the federal nature of his claims to the state courts.
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The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) and must be released if one is not provided within ten days.
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The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) because his detention is governed by that section, not § 1225(b)(2).
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The court held that the petitioner is entitled to release from detention because there is no significant likelihood of removal in the reasonably foreseeable future, and the government failed to rebut this showing.
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M.D. Fla.·
2026-01-07
The court held that an alien apprehended at the border and released on parole, who is later detained, is considered an 'applicant for admission' under 8 U.S.C. § 1225 and is not entitled to a bond hearing under that section.
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Fla. 3d DCA·
2026-01-07
A claim that the appellate record was incomplete is procedurally barred when not raised during direct appeal, and denial is warranted when the petitioner fails to identify specific errors resulting from record omissions.
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An alien detained under a reinstated order of removal pursuant to 8 U.S.C. § 1231 is not entitled to an individualized custody review under 8 U.S.C. § 1226.
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Continued detention is unreasonable if removal is not foreseeable within a presumptively reasonable period, and the government must rebut a showing of unlikelihood of removal.
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The court held that the petitioner's arguments did not establish unlawful detention, and therefore, his petition for a writ of habeas corpus was denied.
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James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
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The court held that it has jurisdiction to review whether the government followed its own regulations and procedures when revoking an Order of Supervision, even if the decision to revoke is discretionary.
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The court held that the petitioner, acting as a "next friend," lacked standing to file a petition for a writ of habeas corpus because he failed to demonstrate why the detainee could not appear on his own behalf or that he was dedicated to the detainee's best interests.
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M.D. Fla.·
2025-12-19
A district court lacks jurisdiction to consider a second or successive habeas corpus petition if the petitioner has not obtained authorization from the appropriate court of appeals.
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M.D. Fla.·
2025-12-19
The court held that the prisoner's civil rights complaint was subject to dismissal due to improper venue, judicial and prosecutorial immunity, and failure to state a claim under Heck v. Humphrey.
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M.D. Fla.·
2025-12-19
The court held that it lacked jurisdiction to consider the petitioner's claims challenging his detention and deportation due to the bar imposed by 8 U.S.C. § 1252(g).
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M.D. Fla.·
2025-12-18
The court held that an alien detained for years in the U.S. under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-12-18
The court held that the plaintiff, detained under 8 U.S.C. § 1226, is entitled to a bond hearing, but not immediate release.
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M.D. Fla.·
2025-12-17
The court held that Grounds One through Three are procedurally barred due to failure to exhaust state remedies and failure to "federalize" the claims. Ground Four, alleging ineffective assistance of counsel, was not granted as the applicant failed to show the state court's decisi
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The petition for writ of habeas corpus was dismissed.
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The court held that a petition for writ of habeas corpus challenging extradition on grounds of potential torture under the Convention Against Torture is not ripe for judicial review, as such matters are reserved for the Executive Branch.
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M.D. Fla.·
2025-12-16
The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) because his detention is governed by that section, not § 1225(b)(2).
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M.D. Fla.·
2025-12-16
The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) because his detention is governed by that section, not § 1225(b)(2).
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M.D. Fla.·
2025-12-16
The court held that the petitioner failed to demonstrate that the state court unreasonably denied his claim of ineffective assistance of counsel regarding an insanity defense.
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Armijo v. Dir., Miami Field Off., Immigr. & Customs Enf't, Dir., Immigr. & Customs Enf't, Sec'y, Dep't of Homeland Sec., United States Attorney Gen., Dir., Enf't & Removal Operations, U.S. Immigr. & Customs Enf't
M.D. Fla.·
2025-12-15
An alien detained under 8 U.S.C. § 1226 is entitled to a bond hearing, and the court rejects arguments that the executive branch has unfettered discretion to deny such hearings.
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Continued detention of a noncitizen is unreasonable and unauthorized by statute if removal is not reasonably foreseeable after a presumptively reasonable period of six months.
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M.D. Fla.·
2025-12-15
The court held that the plaintiff, detained under § 1226, is entitled to a bond hearing, but not immediate release.
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M.D. Fla.·
2025-12-15
The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a), as his detention is governed by that section, not § 1225(b)(2).
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M.D. Fla.·
2025-12-11
A noncitizen detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release, and the court has jurisdiction to order such a hearing.
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The court held that it lacked subject matter jurisdiction over the petition for writ of habeas corpus due to 8 U.S.C. § 1252(g) and that the case was moot because the petitioner was no longer detained on an immigration detainer.
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Continued detention of a noncitizen is unreasonable if removal is not foreseeable, and the six-month presumptively reasonable period begins at the start of the removal period, not upon subsequent re-detention.
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The court held that the petitioner is entitled to a bond hearing or release because his detention is governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
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The court granted the petition for a writ of habeas corpus, finding the petitioner is entitled to a bond hearing.
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M.D. Fla.·
2025-12-10
Oswaldo Jose Castillo-Castro, an immigration detainee, petitioned for habeas corpus relief challenging his detention by ICE without a bond hearing. The district court granted the petition in part, holding that Castillo-Castro's detention is governed by 8 U.S.C. § 1226 rather than
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M.D. Fla.·
2025-12-10
The court held that the petitioner, detained under 8 U.S.C. § 1226, is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-12-10
A noncitizen detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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S.D. Fla.·
2025-12-09
The court held that it lacked jurisdiction to consider the petition for a writ of habeas corpus because the petitioner's state conviction appeal was still pending and he was not 'in custody' pursuant to a state court judgment at the time of filing.
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The court held that the petitioner is entitled to a bond hearing because his detention is governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
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N.D. Fla.·
2025-12-08
The court held that the petitioner's habeas corpus petition was filed after the expiration of the one-year limitations period and is therefore untimely.
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Fla. 3d DCA·
2025-12-03
A habeas corpus petition attacking a conviction based on manifest injustice must fall within a narrow exception, and mere invocation of the term 'manifest injustice' is insufficient without substantive grounds.
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The court held that the petitioner's detention violated the Fifth Amendment's due process clause and the Administrative Procedure Act, and that the Suspension Clause preserved jurisdiction for the habeas corpus petition.
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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N.D. Fla.·
2025-12-02
Federal court should abstain from interfering with ongoing state criminal proceedings when certain conditions are met, and no exceptions apply.
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M.D. Fla.·
2025-12-01
The court held that the state court's denial of habeas relief was not contrary to federal law or an unreasonable determination of facts, and thus denied the petition.
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M.D. Fla.·
2025-12-01
The court held that the petitioner is not entitled to relief under 28 U.S.C. § 2241 because his claim is untimely and, alternatively, he had no right to control release or gain time.
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M.D. Fla.·
2025-11-25
The court denied the petitioner's motion for clarification of service requirements, stating it would not serve the additional respondents named.