Case: Martinez Moncada v. Bondi
1:26-cv-21625 | U.S. District Court for the Southern District of Florida
Filed Date: March 12, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenges the government’s “Rule” regarding the implementation of safe third country asylum provisions (84 Fed. Reg. 63994).
Represented by private counsel, plaintiff, a Nicaraguan national held in a Miami detention center, brought this lawsuit against the U.S. Department of Homeland Security and the U.S. Department of Justice on March 12, 2026, in the U.S. District Court for the Southern District of Florida. He brought the suit on behalf of himself and members of a putative class of individuals whose asylum applications the government is trying to block by removing the individuals to a third country. Plaintiff sued under the Immigration and Nationality Act, 8 U.S.C. §1158(a)(2)(A); the Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (APA); and the Foreign Affairs Reform and Restructuring Act of 1998, 8 U.S.C. § 1231. He sought an order certifying the proposed class, vacatur of the Rule, and injunctive relief in the form of 1) preventing the government from implementing the Rule and 2) requiring the return of individuals removed pursuant to the Rule. Plaintiff argued that the new rules enacted by the government on November 19, 2019, for expedited removal procedures violated the APA notice requirements, subjected noncitizens to heightened evidentiary requirements without access to counsel, and violated due process requirements by forbidding immigration judges from reviewing these cases. The case was assigned to District Judge Jose E. Martinez.
On March 25, 2026, plaintiff filed an emergency motion for a temporary restraining order, an immediate administrative stay of removal, and expedited preliminary injunction proceedings. On April 1, 2026, Judge Martinez denied the motion without prejudice for failure to provide a proposed order. Plaintiff filed a renewed emergency motion the same day. On April 10, 2026, Judge Martinez denied the renewed motion, noting that 1) plaintiff failed to appeal his removal to Ecuador within the allotted time and 2) the individual relief sought in the class-action complaint appeared to be an attempt at circumventing Immigration Court orders. Ultimately, the judge denied the motion on the merits, finding that plaintiff had not shown the irreparable harm required for a temporary restraining order. As of May 1, 2026, Judge Martinez ordered defendants to submit a single combined response or separate answers within the time allowed under Federal Rule of Civil Procedure 81(c).
The case is ongoing.
Summary Authors
Vedant Vamshidhar (6/4/2026)
Jinan Abufarha (4/12/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72456072/parties/martinez-moncada-v-bondi/
Martinez, Jose E. (Florida)
Andonie, Roberto Antonio (Florida)
Soto, Eduardo Rigoberto (Florida)
Attorney, Noticing INS (Florida)
Montgomery, Kimberly Marie (Florida)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/72456072/martinez-moncada-v-bondi/
Last updated Sept. 16, 2026, 3:24 a.m.
Docket for: Martinez Moncada v. Bondi
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: March 12, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
All noncitizens who sought or will seek asylum, withholding of removal, or CAT after November 19, 2019, and whom Defendants have sought or will seek to bar from asylum, withholding of removal, or CAT protection in removal proceedings under 8 U.S.C. § 1229a on the basis that they can be removed to a third country under an Asylum Cooperative Agreement pursuant to the Rule, Guidance, or Designations.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Federal
U.S. Department of Homeland Security
U.S. Department of Justice
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Constitutional Clause(s):
Due Process: Procedural Due Process
Other Dockets:
Southern District of Florida 1:26-cv-21625
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
Immigration/Border:
Case Summary of Martinez Moncada v. Bondi, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48085/ (last updated 4/12/2026).