Southern District of Florida • 1:26-cv-23642

#1

May 22, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $5.00. IFP Filed, filed by Felix Alexander Hernandez Martinez.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (jas) (Entered: 05/22/2026)

#2

May 22, 2026

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (jas) (Entered: 05/22/2026)

#3

May 22, 2026

MOTION for Leave to Proceed in forma pauperis by Felix Alexander Hernandez Martinez. Responses due by 6/5/2026. (jas) (Entered: 05/22/2026)

May 22, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#4

May 26, 2026

Notice of Attorney Appearance

#5

May 27, 2026

Order to Show Cause

#6

Jun 01, 2026

Response to Order to Show Cause AND Response/Reply (Other)

#7

Jun 15, 2026

Extension of Time to File Response/Reply/Answer

#8

Jun 18, 2026

PAPERLESS ORDER granting 7 Motion for Extension of Time. Petitioner shall file his reply to Respondents' Response to Order to Show Cause on or before June 22, 2026. Signed by Judge Darrin P. Gayles on 6/18/2026. (hs01) (Entered: 06/18/2026)

Jun 18, 2026

Order on Motion for Extension of Time to File Response/Reply/Answer

#9

Jun 23, 2026

Reply to Response to Order to Show Cause

#10

Jun 30, 2026

PAPERLESS ORDER denying Petitioner Felix Alexander Hernandez Martinez's 1 Petition for Writ of Habeas Corpus (the "Petition"). In his Petition, Petitioner asks the Court to declare that his "detention violates the Due Process Clause of the Fifth Amendment" and to order his "conditional parole or a bond hearing." [ECF No. 1 at 9]. The record shows, however, that Petitioner agreed to depart the country voluntarily by June 13, 2026. [ECF No. 6-6 at 2]. When he failed to do so, he became subject to "an alternate order of removal." See id.; 8 C.F.R. § 1241.1(f) ("An order of removal made by the immigration judge at the conclusion of proceedings under section 240 of the Act shall become final... [i]f an immigration judge issues an alternate order of removal in connection with a grant of voluntary departure, upon overstay of the voluntary departure period...."). Because the detention of noncitizens who have been ordered removed is mandatory under 8 U.S.C. § 1231(a)(2)(A), see Zadvydas v. Davis, 533 U.S. 678, 683 (2001), Petitioner's detention does not violate the Fifth Amendment, and he is not eligible for a bond hearing. Accordingly, the Petition is DENIED. All pending motions are DENIED as MOOT. The case is CLOSED. Signed by Judge Darrin P. Gayles on 6/30/2026. (hs01) (Entered: 06/30/2026)

Jun 30, 2026

Administrative Order

#11

Jul 01, 2026

Notice (Other)

#12

Jul 07, 2026

Notice (Other)

#13

Jul 15, 2026

Notice (Other)