A federal judge in Orlando has sharply rebuked the U.S. Attorney’s Office for the Middle District of Florida, accusing prosecutors of falling short of their "duty of candor" to the court. The dressing down came as the judge ordered the release of Javier Gimenez Rivero, a Venezuelan high-school student, whom the court found was unlawfully held at the Orange County Jail.
Judge Orders Release, Scolds Prosecutors
In a Jan. 26 written order, U.S. District Judge Roy B. Dalton Jr. granted a petition for a writ of habeas corpus and ordered Gimenez Rivero freed immediately, finding that detention under 8 U.S.C. § 1225 was improper in his case. Dalton wrote that the government’s response "does not meet" the standard of candor and directed U.S. Attorney Gregory W. Kehoe and Assistant U.S. Attorney Joy Warner to "show cause" why they should not be sanctioned, according to CourtListener.
Prosecutors' Response
Kehoe and Warner responded on Feb. 9, conceding that their initial brief failed to cite contrary authority and urging the court not to impose sanctions. They also pointed to what they called an "unprecedented onslaught of habeas corpus petitions" hitting the Middle District and cited staffing shortages as a reason for the misstep, per ALM.
Admonition Without Punishment
In a follow-up order this month, Dalton rejected the idea that heavy workloads excused the government’s performance, writing that blaming "unprecedented" caseloads for "subpar practice rings hollow." Despite that pointed language, he stopped short of levying immediate fines or professional discipline, WKMG ClickOrlando reported. The U.S. Attorney’s Office told reporters it "does not wish to make any comments" about the ruling.
Part of a Broader Pattern
Dalton’s critique lines up with a series of recent federal rulings in which judges in several districts have rejected the Justice Department’s expanded theory of mandatory detention and challenged prosecutors’ tactics. National coverage has highlighted similar decisions and even threats of contempt as habeas petitions surge onto federal dockets, according to Bloomberg Law and Lawfare.
What Comes Next
Dalton’s Jan. 26 order keeps the door open for future punishment. The judge retained jurisdiction to consider fees, costs, and professional discipline under Federal Rule of Civil Procedure 11 and local rules if his directives are not followed, according to CourtListener. That leaves the possibility of additional proceedings if similar detention practices persist.
For Orlando, the case is a stark reminder of how quickly a traffic stop or immigration enforcement action can land in federal court and draw sharp judicial scrutiny. Local outlets have followed the matter as part of a broader wave of habeas petitions and releases across Central Florida, and observers are watching to see whether Dalton ultimately follows through on potential sanctions, as reported by WFTV.
