Southern District of Florida • 1:26-cv-24995

#1

Jul 24, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19787877, filed by VIRGILIO PAZ ROMERO. (Attachments: # 1 Exhibit EXHIBITS TO PETITION, # 2 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Alvero, Angela) (Entered: 07/24/2026)

#2

Jul 24, 2026

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (blc) (Entered: 07/24/2026)

Jul 24, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#3

Jul 27, 2026

ORDER TO SHOW CAUSE. Within five days of the date of this Order, Respondents shall file a memorandum of fact and law to show cause why this Petition should not be granted and shall file therewith all documents and transcripts necessary for the resolution of the Petition. Signed by Judge Darrin P. Gayles See attached document. (mp02) (Entered: 07/27/2026)

#4

Jul 28, 2026

NOTICE of Attorney Appearance by Michele Wilcox-Petrites on behalf of Todd Blanche, Department of Homeland Security, Executive Office for Immigration Review, Markwayne Mullin, Garrett Ripa, US Immigration and Customs Enforcement, David Venturella. Attorney Michele Wilcox-Petrites added to party Todd Blanche(pty:dft), Attorney Michele Wilcox-Petrites added to party Department of Homeland Security(pty:dft), Attorney Michele Wilcox-Petrites added to party Executive Office for Immigration Review(pty:dft), Attorney Michele Wilcox-Petrites added to party Markwayne Mullin(pty:dft), Attorney Michele Wilcox-Petrites added to party Garrett Ripa(pty:dft), Attorney Michele Wilcox-Petrites added to party US Immigration and Customs Enforcement(pty:dft), Attorney Michele Wilcox-Petrites added to party David Venturella(pty:dft). (Wilcox-Petrites, Michele) (Entered: 07/28/2026)

#5

Jul 28, 2026

Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 3 Order to Show Cause, by Todd Blanche, Department of Homeland Security, Executive Office for Immigration Review, Markwayne Mullin, Garrett Ripa, US Immigration and Customs Enforcement, David Venturella. Responses due by 8/11/2026. (Attachments: # 1 Text of Proposed Order)(Wilcox-Petrites, Michele) (Entered: 07/28/2026)

#6

Jul 28, 2026

PAPERLESS ORDER. On or before July 30, 2026, at 5:00 pm, Petitioner shall file his response to Respondents' 5 Expedited Motion for Brief Extension of Time to Respond to this Court's Order to Show Cause. Signed by Judge Darrin P. Gayles (mp02) (Entered: 07/28/2026)

#7

Jul 28, 2026

RESPONSE to Motion re 5 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 3 Order to Show Cause, filed by VIRGILIO PAZ ROMERO. Replies due by 8/4/2026. (Alvero, Angela) (Entered: 07/28/2026)

Jul 28, 2026

- Order (PAPERLESS or pdf attached)

#8

Aug 03, 2026

Notice of Reassignment of Assistant U.S. Attorney by Esther Lyette Alcaraz on behalf of Garrett Ripa, US Immigration and Customs Enforcement, David Venturella, Warden, Krome North Service Processing Center. Attorney Michele Wilcox-Petrites terminated.. Attorney Esther Lyette Alcaraz added to party Garrett Ripa(pty:dft), Attorney Esther Lyette Alcaraz added to party US Immigration and Customs Enforcement(pty:dft), Attorney Esther Lyette Alcaraz added to party David Venturella(pty:dft), Attorney Esther Lyette Alcaraz added to party Warden, Krome North Service Processing Center(pty:dft). (Alcaraz, Esther) (Entered: 08/03/2026)

#9

Aug 08, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause, by Garrett Ripa, US Immigration and Customs Enforcement, David Venturella, Warden, Krome North Service Processing Center. (Attachments: # 1 Exhibit A, Form I213, # 2 Exhibit B, Form I862, # 3 Exhibit C, Case No 78-36706, # 4 Exhibit D, Detention History, # 5 Exhibit E, Immigration Judge Order, # 6 Exhibit F, Declaration, # 7 Exhibit G, Immigration Judge Order, # 8 Exhibit H, Order of OSUP, # 9 Exhibit I, Notice of Revocation, # 10 Exhibit J, Form I229A, # 11 Exhibit K, Notice of Failure to Comply, # 12 Exhibit L, Decision to Continue Detention)(Alcaraz, Esther) (Entered: 08/08/2026)

#10

Aug 11, 2026

REPLY by VIRGILIO PAZ ROMERO. (Attachments: # 1 Exhibit Guidance Regarding Third Country Removals)(Alvero, Angela) (Entered: 08/11/2026)

#11

Aug 19, 2026

PAPERLESS ORDER denying as moot 5 Defendants' Motion for Extension of Time to Respond to the Court's Order to Show Cause in light of 9 Defendants' Response to Order to Show Cause. Signed by Judge Darrin P. Gayles on 8/19/2026. (ia00) (Entered: 08/19/2026)

Aug 19, 2026

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

#12

Aug 28, 2026

PAPERLESS ORDER granting in part and denying in part 1 Petition for Writ of Habeas Corpus (the "Petition"). In his Petition, Petitioner "challenges his prolonged detention as a violation of the Immigration and Nationality Act and the Due Process Clause of the U.S. Constitution." [ECF No. 1 at 3]. He, therefore, seeks an Order "directing Respondents to release [him] from custody; or in the alternative, to release [him] from custody subject to appropriate supervision; or in the alternative, to provide a custody redetermination hearing within seven days[.]" Id. at 11. The record shows that Petitioner was ordered removed from the United States to Cuba on August 28, 1998. [ECF No. 9-5, Order of the Immigration Judge]. And on January 21, 2026, the government issued a Notice of Revocation of Release, informing Petitioner that "[i]t is appropriate to enforce [his] removal order[.]" [ECF No. 9-9]. Petitioner does not challenge the validity of the removal order. See generally, [ECF No. 1, Petition]. And Petitioner's detention, as a non-citizen who has been ordered removed, is mandatory under 8 U.S.C. § 1231(a)(2)(A). See Zadvydas v. Davis, 533 U.S. 678, 683 (2001). As the Eleventh Circuit has explained, "to state a claim under Zadvydas, [Petitioner] not only must show post-removal order detention in excess of six months but also must provide evidence of a good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future." Akinwale v. Ashcroft, 287 F.3d 1050, 1052 (11th Cir. 2002) (affirming the district court's dismissal of petition for writ of habeas corpus). Here, ICE took Petitioner into custody on January 21, 2026. [ECF No. 9-1]. Since then, Petitioner has been detained at the Krome North Service Processing Center for 218 days pending removal. Id. Petitioner argues that he "has now been detained post-deferral of removal order more than six months and should be released as there is no significant likelihood of removal in the foreseeable future due to his continued serious medical issues[.]" [ECF No. 1 at 7]. The Court disagrees. While the length of his detention exceeds the presumptively reasonable six-month period, Petitioner has not shown that there is no significant likelihood of removal in the reasonably foreseeable future. [see generally ECF No. 1, Petition]. Importantly, "Petitioner's case was elevated to ICE ERO HQ Removal Management Division (RMD) to assist in Petitioner's removal from the United States to a third country." [ECF No. 9-6 at 5]. "HQ RMD is actively pursuing Petitioner's removal to a third country. To that end, RMD has nominated Petitioner for third country removal." Id. Further, the "State Department is engaged in ongoing negotiations to have the petitioner accepted." Id. And "[o]nce Petitioner is accepted by the third country," the government "anticipates [his] removal will occur in late August or possibly early September, pending confirmation of flight details." Id. Accordingly, the Petition is DENIED without prejudice. See Pavel Leiva Baez v. Warden, Krome Service Processing Center, No. 26-CV-23001-JB, 2026 WL 1842647, at *3 (S.D. Fla. June 26, 2026) (denying a petition for Writ of Habeas Corpus because the petitioner, like here, "failed to show that there is no significant likelihood of removal in the reasonably foreseeable future, as required to satisfy second prong of the Zadvydas analysis."). However, Respondents shall remove Petitioner to a third country within thirty (30) days of this Order or release him on appropriate terms of supervision. This case is CLOSED. Signed by Judge Darrin P. Gayles on 8/28/2026. (ia00) (Entered: 08/28/2026)

Aug 28, 2026

Administrative Order

#13

Sep 20, 2026

Notice of Supplemental Authority