Southern District of Florida • 1:26-cv-26094

#1

Sep 03, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19950698, filed by Luis Tomas Diaz Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit E2, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Cano, Mariela) (Entered: 09/03/2026)

#2

Sep 03, 2026

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (kpe) (Entered: 09/03/2026)

#3

Sep 03, 2026

ORDER TO SHOW CAUSE. Signed by Judge Darrin P. Gayles on 9/3/2026. See attached document for full details. (sci) (Entered: 09/03/2026)

Sep 03, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#4

Sep 04, 2026

NOTICE of Attorney Appearance by Yaniece McPherson on behalf of TODD BLANCHE, Todd Lyons, MARKWAYNE MULLIN, Garrett J. Ripa, Warden Miami Federal Detention Center. Attorney Yaniece McPherson added to party TODD BLANCHE(pty:res), Attorney Yaniece McPherson added to party Todd Lyons(pty:res), Attorney Yaniece McPherson added to party MARKWAYNE MULLIN(pty:res), Attorney Yaniece McPherson added to party Garrett J. Ripa(pty:res), Attorney Yaniece McPherson added to party Warden Miami Federal Detention Center(pty:res). (McPherson, Yaniece) (Entered: 09/04/2026)

#5

Sep 08, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause by TODD BLANCHE, Todd Lyons, MARKWAYNE MULLIN, Garrett J. Ripa, Warden Miami Federal Detention Center. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(McPherson, Yaniece) (Entered: 09/08/2026)

#6

Sep 15, 2026

PAPERLESS ORDER granting Petitioner's 1 Petition for Writ of Habeas Corpus. The Government indicates that Petitioner's Cuban Humanitarian Parole expired on May 22, 2025, and Petitioner was detained by Immigration and Customs Enforcement officials on July 15, 2026 following an arrest for battery [ECF No. 5 at 2, 4]. "[R]ather than reverting to any prior status, a noncitizen whose parole has expired is treated like the vast majority of undocumented immigrants currently living in this country who are not subjected to expedited removal." Sylvaince v. Warden, Miami Fed. Det. Ctr., No. 26-CV-23991-RAR, 2026 WL 2568522, at *3 (S.D. Fla. Aug. 31, 2026) (internal quotation marks and citations omitted). Therefore, the Court finds that at the time of his detention, Petitioner was unlawfully in the interior of the country, so his detention is governed by Section 1226. See Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, 175 F.4th 1258, 1276 (11th Cir. 2026). Accordingly, Respondents shall afford Petitioner an individualized bond hearing on or before September 22, 2026, or otherwise release Petitioner. On or before September 29, 2026, Respondents shall file a Status Report informing the Court of whether Petitioner was given an individualized bond hearing, the outcome of that bond hearing, and the status of other matters relevant to the Petition. This case shall be CLOSED for administrative purposes, and the Court retains jurisdiction to address matters that may arise with respect to the Petition. Either party may file a motion to reopen the case should any additional relief be sought relating to the Petition or this Order. Signed by Judge Darrin P. Gayles on 9/15/2026. (sci) (Entered: 09/15/2026)

Sep 15, 2026

Administrative Order

#7

Sep 22, 2026

STATUS REPORT on Respondent's compliance with Court's Order in affording Petitioner a bond hearing by TODD BLANCHE, Todd Lyons, MARKWAYNE MULLIN, Garrett J. Ripa, Warden Miami Federal Detention Center (Attachments: # 1 Exhibit)(McPherson, Yaniece) (Entered: 09/22/2026)

#8

Oct 13, 2026

MOTION to Reopen Case and for further relief following denial of Court-Ordered Individualized Bond Hearing by Luis Tomas Diaz Martinez. Responses due by 10/27/2026. (drz) (Entered: 10/14/2026)

#9

Oct 14, 2026

PAPERLESS ORDER denying without prejudice Petitioner's pro se 8 Motion to Reopen Case. Through counsel, Petitioner filed a Petition for Writ of Habeas Corpus on September 3, 2026. [ECF No. 1]. Counsel for the Petitioner has not filed a motion to withdraw. Thus, the pro se Motions must be denied because Petitioner still has counsel of record. See S.D. Fla. L.R. 11.1(d)(4) ("Whenever a party has appeared by attorney, the party cannot thereafter appear or act on the party's own behalf in the action or proceeding, or take any step therein, unless an order of substitution shall first have been made by the Court, after notice to the attorney of such party, and to the opposite party[.]"). See also United States v. Dale, 618 F. App'x 494, 497 (11th Cir. 2015) (finding that "the district court did not abuse its discretion in denying [a party's] pro se motion, filed while he was represented" by counsel).The Court also notes that even though the Immigration Judge issued only a brief written order, she may have provided a detailed oral explanation of her reasoning at the bond hearing. See Ochoa Aguilar v. Krome North Service Processing Center, No. 26-CV-25267-JB, 2026 WL 2546086, at *2 (S.D. Fla. Aug. 28, 2026) ("To be sure, the [immigration judge's written] Order is conclusory and lacks any meaningful explanation. However, the hearing transcript reflects that when the immigration judge orally pronounced his rulings, he gave a detailed explanation of the evidence relied upon. As such, when the transcript and Order are read together, it is evident that the immigration judge considered the issues that Petitioner raised and announced his decision in terms sufficient to enable review.") (internal citation omitted). Signed by Judge Darrin P. Gayles on 10/14/2026. (sci) (Entered: 10/14/2026)

Oct 14, 2026

Order on Motion to Reopen Case