Southern District of Florida • 1:26-cv-23430

#1

May 15, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (not paid/ IFP Motion not filed), filed by Guerry Olibrus.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 05/15/2026)

#2

May 15, 2026

Judge Assignment to Judge K. Michael Moore (kma) (Entered: 05/15/2026)

#3

May 15, 2026

NOTICE of Attorney Appearance by Peter Joseph Mathews on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Attorney Peter Joseph Mathews added to party U.S. Department of Homeland Security(pty:dft), Attorney Peter Joseph Mathews added to party U.S. Immigration and Customs Enforcement(pty:dft). (Mathews, Peter) (Entered: 05/15/2026)

May 15, 2026

Judge Assignment

#4

May 18, 2026

ORDER TO SHOW CAUSE. Respondents' Response due on or before May 21, 2026. Signed by Judge K. Michael Moore on 5/18/2026. See attached document for full details. (ss01) (Entered: 05/18/2026)

#5

May 21, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 4 Order to Show Cause by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Mathews, Peter) (Entered: 05/21/2026)

#6

Jun 11, 2026

Clerks Notice of Receipt of Filing Fee received on 6/2/2026 in the amount of $ 5.00, receipt number FLS318743. (vt) (Entered: 06/11/2026)

#7

Jun 22, 2026

ORDER GRANTING IN PART 1 Petition for Writ of Habeas Corpus. Within seven (7) days of this Order, Respondents shall provide Petitioner with an individualized bond hearing consistent with 8 U.S.C. § 1226(a) or otherwise release Petitioner. Signed by Judge K. Michael Moore on 6/22/2026. See attached document for full details. (ss01) (Entered: 06/22/2026)

#8

Aug 26, 2026

MOTION to be released from detainment re 7 Order Dismissing/Closing Case, by Guerry Olibrus. Responses due by 9/9/2026. (pc) (Entered: 08/26/2026)

#9

Aug 27, 2026

(DISCHARGED) PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. On June 22, 2026, the Court granted in part Petitioner's Petition, ordering Respondents to provide Petitioner "with an individualized bond hearing consistent with 8 U.S.C. § 1226(a) or otherwise release" him within seven days of the Order. See (ECF No. 7) at 12. On August 13, 2026, Petitioner filed a letter requesting his release, asserting that: (1) he has been in immigration detention for one year and four months; (2) he is the sole caregiver for his family; and (3) he is experiencing medical issues for which he is not receiving adequate care. See (ECF No. 8) at 1. On this record, it is unclear whether Petitioner received the individualized bond hearing required by the Court's June 22, 2026 Order. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before September 1, 2026, as to whether Petitioner was provided an individualized bond hearing consistent with 8 U.S.C. § 1226(a) on or before June 29, 2026. Signed by Judge K. Michael Moore on 8/27/2026. (ss02) Modified per DE 11 on 9/2/2026 (pc). (Entered: 08/27/2026)

Aug 27, 2026

Order to Show Cause

#10

Sep 01, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 9 Order to Show Cause,,,, by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A. IJ Order 6/29/2026, # 2 Exhibit B. IJ Order 7/27/2026, # 3 Exhibit C. Order of Removal)(Mathews, Peter) (Entered: 09/01/2026)

#11

Sep 02, 2026

PAPERLESS ORDER DISCHARGING 9 ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon the Court's Order to Show Cause (the "OTSC"). (ECF No. 9). On August 13, 2026, Petitioner filed a letter (the "Letter") requesting his release, asserting that: (1) he has been in immigration detention for one year and four months; (2) he is the sole caregiver for his family; and (3) he is experiencing medical issues for which he is not receiving adequate care. See (ECF No. 8) at 1. On August 27, 2026, the Court ordered Respondents to show cause on or before September 1, 2026, as to whether Petitioner was provided an individualized bond hearing pursuant to the Court's Order (the "Order") (ECF No. 7). See (ECF No. 9). On September 1, 2026, Respondents filed a Response to the OTSC, explaining that Petitioner received a bond hearing on June 29, 2026, but no action was taken because Petitioner requested representation by his newly retained attorney. See (ECF No. 10) at 1; see also (ECF No. 10-1) at 1. A second hearing was held on July 27, 2026, at which Petitioner was denied bond. See (ECF No. 10) at 1; see also (ECF No. 10-2) at 1. Accordingly, UPON CONSIDERATION of the OTSC, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the OTSC (ECF No. 9) is DISCHARGED. Additionally, the Court finds that the Letter does not provide a basis for Petitioner's release. By affording Petitioner a bond hearing, Respondents complied with the Court's Order. To the extent Petitioner seeks to challenge the immigration judge's bond determination, "the correctness of the immigration judge's analysis and decision is not a matter properly before this Court." See HENRY NEHEMIAS OCHOA AGUILAR, Petitioner, v. KROME N. SERV. PROCESSING CTR., Respondent., No. 26-CV-25267-JB, 2026 WL 2546086, at *1 (S.D. Fla. Aug. 28, 2026) (citations omitted); see also Paperless Order, Pimentel Sanchez v. U.S. Att'y Gen., No. 1:26-cv-21869-KMW (S.D. Fla. Apr. 29, 2026) (ECF No. 18) ("To the extent [p]etitioner challenges the substance, scope, or conduct of the bond hearing itself, including whether the immigration judge applied the proper framework or considered all relevant facts, those issues fall within the jurisdiction of the immigration court and the administrative appeals process." (citation omitted)). Moreover, the Court stated in its Order that, "[s]hould Respondents fail to provide Petitioner with a bond hearing as ordered herein, or should such a hearing result in his continued detention and he continue to not be removed in the near future, Petitioner may renew his due process claim[.]" See (ECF No. 7) at 11. If Petitioner seeks to renew his due process claim, he may file a motion seeking such relief. Accordingly, the Letter (ECF No. 8) is DENIED. Signed by Judge K. Michael Moore on 9/2/2026. (ss02) (Entered: 09/02/2026)

Sep 02, 2026

Order on Motion for Miscellaneous Relief