Southern District of Florida • 0:26-cv-62459

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Sep 04, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, filed by Iris Pamela Torrez Martinez.. Filing fee $ 5.00. Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kpe) (Entered: 09/04/2026)

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Sep 04, 2026

Judge Assignment to Judge Darrin P. Gayles (kpe) (Entered: 09/04/2026)

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Sep 04, 2026

Clerks Notice of Receipt of Filing Fee received on 9/4/2026 in the amount of $ 5.00, receipt number 22614 (kpe) (Entered: 09/04/2026)

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Sep 04, 2026

PAPERLESS ORDER denying Petitioner Iris Pamela Torrez Martinez's 1 Petition for Writ of Habeas Corpus (the "Petition"). In her Petition, Petitioner asks the Court to order her "immediate release from immigration custody" under "reasonable non-custodial conditions of supervision." [ECF No. 1 at 4]. By Petitioner's own admission, however, she has already received an individualized bond hearing before an Immigration Judge after a different judge in this District ordered that she receive one. See id. at 2. At that bond hearing, the Immigration Judge denied Petitioner release on the ground that she "was considered a flight risk." See id. The Court lacks jurisdiction to review that discretionary bond decision. See 8 U.S.C. § 1226(e) ("The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole."). Petitioner may pursue administrative review of the Immigration Judge's bond determination, which she indicates in the Petition she has already appealed. [ECF No. 1 at 3-4]. Because Petitioner asserts no other claims, "it plainly appears from the" Petition that she "is not entitled to relief." 28 U.S.C. § 2254, Rule 4 ("If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition."); id., Rule 1(b) (explaining that the court "may apply any or all of" the rules governing § 2254 petitions "to a habeas corpus petition not" brought under § 2254). Accordingly, the Petition is DISMISSED WITHOUT PREJUDICE, and the case is CLOSED. Signed by Judge Darrin P. Gayles on 9/4/2026. (bhn) (Entered: 09/04/2026)

Sep 04, 2026

Order Dismissing/Closing Case or Party

Sep 04, 2026

Judge Assignment