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 in progress

Case Summary

[This summary is temporary while we research the case.] Cesar Augusto Martinez Moncada, a Nicaraguan national and father of a U.S. citizen child, filed a putative class action on March 12, 2026, in the United States District Court for the Southern District of Florida challenging government implementation of safe third country asylum provisions. The lawsuit targets a rule that allows removal of asylum seekers to third countries purportedly capable of hearing their asylum claims. Martinez alleges…

[This summary is temporary while we research the case.]

Cesar Augusto Martinez Moncada, a Nicaraguan national and father of a U.S. citizen child, filed a putative class action on March 12, 2026, in the United States District Court for the Southern District of Florida challenging government implementation of safe third country asylum provisions. The lawsuit targets a rule that allows removal of asylum seekers to third countries purportedly capable of hearing their asylum claims. Martinez alleges he fled Nicaragua due to fear of persecution by the Ortega regime and successfully established credible fear, but had his asylum case terminated with an order of removal to Ecuador without his asylum application being heard⁻. The complaint challenges asylum cooperative agreements (ACAs) signed during the Trump administration with countries the plaintiffs allege are unsafe and lack functional asylum systems, including Guatemala, Honduras, El Salvador, Paraguay, Uganda, Ecuador, and Belize⁻.

Summary Authors

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/


Judge(s)

Martinez, Jose E. (Florida)

Attorney for Plaintiff

Soto, Eduardo Rigoberto (Florida)

Attorney for Defendant

Attorney, Noticing INS (Florida)

Montgomery, Kimberly Marie (Florida)

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Documents in the Clearinghouse

Document
1

1:26-cv-21625

Complaint

March 12, 2026

March 12, 2026

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72456072/martinez-moncada-v-bondi/

Last updated April 14, 2026, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT CLASS ACTION APA JUDICIAL REVIEW AND DECLARATORY RELIEF against All Defendants. Filing fees $ 405.00 receipt number BFLSDC-19306367, filed by Cesar Augusto Martinez Moncada. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Certification, # 8 Summon(s), # 9 Summon(s))(Soto, Eduardo) (Entered: 03/12/2026)

1 Civil Cover Sheet

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2 Summon(s)

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3 Summon(s)

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4 Summon(s)

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5 Summon(s)

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6 Summon(s)

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7 Certification

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8 Summon(s)

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9 Summon(s)

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March 12, 2026

March 12, 2026

Clearinghouse
2

Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (blc) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

3

Summons Issued as to Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall, U.S. Attorney and U.S. Attorney General (blc) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

4

Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (blc) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

5

Clerk's Notice to Filer re: Summons(es) will not be issued for Derek Gordon, Marcos Charles. The party(ies) on the summons(es) does not match the initiating documents. (blc) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)

March 12, 2026

March 12, 2026

Clerk's Notice of Docket Correction - ELECTRONIC CASE

March 12, 2026

March 12, 2026

Clerk's Notice of Judge Assignment and Optional Consent

March 12, 2026

March 12, 2026

6

EMERGENCY MOTION with Certification of Emergency included and Memorandum of Law by Cesar Augusto Martinez Moncada. Responses due by 4/8/2026. (Attachments: # 1 Memorandum)(Soto, Eduardo) (Entered: 03/25/2026)

March 25, 2026

March 25, 2026

7

SUMMONS (Affidavit) Returned Executed by Cesar Augusto Martinez Moncada. Pamela Bondi served on 3/31/2026, response/answer due 6/1/2026. Additional Service and date on USAO served on 03/31/2026. (Attachments: # 1 Exhibit A)(Soto, Eduardo) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

10

ACKNOWLEDGMENT OF SERVICE filed by Cesar Augusto Martinez Moncada. (See DE# 7 for document image). (jas) (Entered: 04/01/2026)

March 31, 2026

March 31, 2026

8

PAPERLESS ORDER DENYING without prejudice 6 Plaintiff's Emergency Motion for Temporary Restraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary Injunction Proceedings for failure to provide a proposed order. See Local Rule 7.1(a)(2). Signed by Judge Jose E. Martinez on 4/1/2026. (lsn) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

9

Renewed EMERGENCY MOTION with Certification of Emergency included by Cesar Augusto Martinez Moncada. Responses due by 4/15/2026. (Attachments: # 1 Appendix, # 2 Text of Proposed Order)(Soto, Eduardo) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

11

Clerk's Notice to Filer re 7 Summons Returned Executed as to USA. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 10 . It is not necessary to refile this document. (jas) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

12

ORDER RE: PLAINTIFF'S RENEWED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER, IMMEDIATE ADMINISTRATIVE STAY OF REMOVAL, AND EXPEDITED PRELIMINARY INJUNCTION PROCEEDINGS DE 9 . Defendants shall file a response to the Motion by April 6, 2026. The Court shall hear oral argument on the Motion on April 9, 2026. Signed by Judge Jose E. Martinez on 4/1/2026. See attached document for full details. (blc) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

RECAP
13

This matter is set for a hearing before Judge Jose E. Martinez on Thursday, April 9, 2026 at 1:30 p.m. to address the Plaintiff's Renewed Emergency Motion for Temporary Restraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary Injunction Proceedings. ECF No. 9 .Signed by Judge Jose E. Martinez on 4/1/2026. (lsn) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

Order on Emergency Motion with Certification of Emergency

April 1, 2026

April 1, 2026

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

April 1, 2026

April 1, 2026

Acknowledgment of Service

April 1, 2026

April 1, 2026

Order Setting Hearing on Motion

April 1, 2026

April 1, 2026

14

RESPONSE to 9 Renewed EMERGENCY MOTION with Certification of Emergency included by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Exh. A- Notice to Appear, # 3 Exhibit Exh. B- DO Declaration, # 4 Exhibit Exh. C- Order of the Immigration Judge, # 5 Exhibit Exh. D- Detention History, # 6 Exhibit Exh. E- Order of the Immigration Judge)(Montgomery, Kimberly) (Entered: 04/06/2026)

April 6, 2026

April 6, 2026

15

Notice of Attorney Appearance

April 9, 2026

April 9, 2026

MOTION Hearing or Evidentiary Motion Hearing

April 9, 2026

April 9, 2026

17

Order on Emergency Motion with Certification of Emergency

April 10, 2026

April 10, 2026

Case Details

State / Territory:

Florida

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 12, 2026

Case Ongoing: Yes

Plaintiffs

Class Action Sought: Yes

Class Action Outcome: Pending

Case Details

Other Dockets:

Southern District of Florida 1:26-cv-21625

Recommended Citation