Summary
The Third District Court of Appeal of Florida denied a petition for writ of prohibition seeking to prevent a County Court judge from issuing a writ of habeas corpus ad prosequendum to federal immigration authorities. The court held that section 900.03(2), Florida Statutes, authorizes the County Court, under the circumstances presented, to issue the writ to facilitate temporary transfer of the petitioner for prosecution of a pending DUI charge. The court also declined to hold that the writ of habeas corpus ad prosequendum has been abolished in Florida.
Topics
Practice areas
Questions Presented
- Whether prohibition was an appropriate remedy to prevent the County Court from issuing a writ of habeas corpus ad prosequendum.
- Whether the writ of habeas corpus ad prosequendum remains available in Florida or has been replaced by an alias capias or bench warrant.
- Whether section 900.03(2), Florida Statutes, authorizes a County Court with criminal jurisdiction to issue a writ of habeas corpus ad prosequendum to obtain a temporary transfer of a defendant held by federal immigration authorities.
Holdings
- Prohibition is an appropriate vehicle to prevent a lower court from issuing a writ of habeas corpus ad prosequendum when the lower court allegedly lacks jurisdiction or is acting in excess of its jurisdiction.
- The writ of habeas corpus ad prosequendum has not been shown to be abolished in Florida, and the court declined to hold that it is unavailable.
- Under the circumstances presented, section 900.03(2), Florida Statutes, authorizes a County Court with criminal jurisdiction to issue a writ of habeas corpus ad prosequendum to obtain a temporary transfer of a person held in federal immigration custody for prosecution of a pending state charge.
Key quotations
“We deny Petitioner’s petition because, under the circumstances of this case, section 900.03(2) of the Florida Statutes provides the necessary authorization for the County Court to issue the sought writ.” (at 1)
“While the writ sought by the State – a writ of habeas corpus ad prosequendum – shares a name with the Great Writ, it is assuredly of a different species.” (at 6)
“We read section 900.03(2) as providing the necessary authorization for the County Court, under the circumstances presented in this case, to issue a writ of habeas corpus ad prosequendum.” (at 7)
Factual background
Hernandez was arrested in April 2025 for driving under the influence in violation of section 316.193(1), Florida Statutes, and was detained by federal Immigration and Customs Enforcement. The State sought a writ of habeas corpus ad prosequendum to have ICE temporarily loan Hernandez to state custody so the County Court could conclude the DUI prosecution. The record did not indicate that Hernandez had waived his presence at the pending DUI proceedings.
Procedural history
Hernandez was arrested on a misdemeanor DUI charge and detained by federal Immigration and Customs Enforcement. The State petitioned the County Court for a writ of habeas corpus ad prosequendum so federal authorities could temporarily transfer Hernandez to state custody for prosecution. After two hearings, the County Court orally ruled that it would grant the State's petition but postponed signing the writ pending review by the Third District. Hernandez then filed a prohibition petition, and the Third District stayed further trial-court proceedings and denied the petition.