Habeas Corpus Petition Granted, Return to Middle District of Florida Ordered

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Gustavo Armando Adrian Sanchez v. Louis A. Quinones, Jr., Garrett J. Ripa, and Kristi Noem

District Court, M.D. Florida

• Citations: None known
• Docket Number: 6:26-cv-00266

• Precedential Status: Unknown Status

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Trial Court Document

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

GUSTAVO ARMANDO ADRIAN
SANCHEZ,

Petitioner,

v. Case No: 6:26-cv-266-PGB-RMN

LOUIS A. QUINONES, JR.,
GARRETT J. RIPA, and KRISTI
NOEM,

Respondents.
/

ORDER

This cause is before the Court for consideration without oral argument on
Petitioner’s Emergency Notice of Transfer and Motion to Order Return of
Petitioner to the Middle District of Florida. (Doc. 7 (the “Motion”)). The
Government submitted a response. (Doc. 11 (the “Response”)). Upon
consideration, the Motion is granted.1
I. BACKGROUND
On Sunday, February 1, 2026, at 9:25 PM, the Petitioner filed an Emergency
Petition for Writ of Habeas Corpus. (Doc. 1). Five minutes later, the Petitioner filed

1 “A trial court has managerial power that has been described as ‘the power inherent in every
court to control the disposition of the causes on its docket with economy of time and effort for
itself, for counsel, and for litigants.’” In re Air Crash Disaster at Fla. Everglades on Dec. 29,
1972, 549 F.2d 1006, 1012 (5th Cir. 1977); see Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (adopting as binding precedent all Fifth Circuit decisions prior to October 1,
1981).
an Emergency Motion for Temporary Restraining Order. (Doc. 2). On Monday,
February 2, 2026, at 10:56 AM, the Court entered a Temporary Restraining Order
(“TRO”) preventing the Respondents from moving the Petitioner from the Orange

County Jail. (Doc. 4). On February 5, 2026, the Petitioner’s counsel filed an
Emergency Notice to Transfer and Motion to Order Return of Petitioner to the
Middle District of Florida. (Doc. 7). Petitioner’s counsel avers that inmate records
from the Orange County Jail show that the Petitioner was released to ICE on
February 2, 2026, around 10:30 AM, approximately 26 minutes before the Court

entered the TRO. (Doc. 7). In the Response, the Government discloses that the
Petitioner has been moved to Florida Soft Side South. (Doc. 11, p. 2).
The Court notes that the Petitioner was arrested by the Orange County
Sheriff’s Office for alleged disorderly conduct on December 12, 2025. (Doc. 1, p. 3).
The State of Florida filed a No Information on January 15, 2026, dropping the
charge. (Id.). Accordingly, the Petitioner has been detained on the ICE detainer

since January 15, 2026.
II. DISCUSSION
It does not strike the Court as a mere coincidence that the Petitioner was
turned over to ICE and removed from the Middle District of Florida, Orlando
Division the morning after he filed a Petition for Writ of Habeas Corpus. If ICE

were not attempting to prevent the Court from ruling on the Petition, it would have
begun removal proceedings sooner. It is obvious that once the Petition for Writ of
Habeas Corpus was filed, ICE rushed to move the Petitioner in a ham-fisted
attempt to avoid another adverse ruling. However, the government concedes that
this Court retains jurisdiction. (Doc 11) (“Jurisdiction was proper at the time this
Petition was filed and Petitioner’s relocation to a different facility—still withing the

Middle District of Florida—does not risk destruction of jurisdiction.”).
The Respondents are ORDERED to immediately return the Petitioner to
the Middle District of Florida, Orlando Division. ALTERNATIVELY, the
Respondents may immediately release the Petitioner pending a bond hearing
pursuant to 8 U.S.C. § 1226. If the Petitioner is released, he will not be rearrested

by ICE for ten days. If rearrested, a bond hearing under § 1226 shall take place
within 72 hours of rearrest.
Should the Respondents again attempt to frustrate a hearing on a
petitioner’s writ for habeas corpus by rushing to move a petitioner before the Court
has time to enter a TRO, contempt proceedings shall issue.
III. CONCLUSION

Accordingly, it is ORDERED:
1. Respondents are ORDERED to immediately return the Petitioner to
the Middle District of Florida, Orlando Division.
2. Alternatively, Respondents shall immediately release the Petitioner
from custody. Should Respondents elect to release the Petitioner, they

shall not rearrest the Petitioner for 10 days. If the Petitioner is
rearrested, the Respondents are ORDERED to provide the Petitioner
with a bond hearing under 8 U.S.C. § 1226 within 72 hours of his
arrest.
3. The Clerk of Court is DIRECTED to serve copies of this Order as
follows:

(1) Copy to Immigration and Customs Enforcement (Attn:
Assistant Field Office Directors) via email at MIAAOR-
Habeas-DG@ice.dhs.gov;
(2) Copy to United States Attorney’s Office via email at
USAFLM.Orlando2241@usdoj.gov;

(3) Courtesy copy to Orange County Jail / Warden’s Office at
irmpickupdesk@ocfl.net; so-as-
legalservices@ocsofl.com; OCCDRecords@ocfl.net; and
Juanita.Beason@ocfl.net.
(4) Courtesy copy to United States Marshal Service via email
at usms-mfl-orl@usdoj.gov;

(5) Copy via certified mail to the United States Attorney’s
Office at 400 W. Washington Street, Suite 3100, Orlando,
FL 32801; and
(6) Copy via certified mail to the United States Attorney
General at 950 Pennsylvania Ave., NW Washington, DC

20530;
DONE and ORDERED in Orlando, Florida on February 6, 2026.
c..-
PAUL G.
UNITED STATE ISTRICT JUDGE
Copies furnished to:
Counsel of Record