Southern District of Florida • 1:26-cv-26264

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Sep 10, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Yonly Alvarez-Cabrera. (Attachments: # 1 Supplement Routing Slip)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (ls) (Entered: 09/11/2026)

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Sep 10, 2026

Judge Assignment to Judge Darrin P. Gayles (ls) (Entered: 09/11/2026)

#3

Sep 10, 2026

MEMORANDUM in Support re 1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Yonly Alvarez-Cabrera. (ls) (Entered: 09/11/2026)

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Sep 10, 2026

Exhibit List by Yonly Alvarez-Cabrera.. (ls) (Entered: 09/11/2026)

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Sep 11, 2026

PAPERLESS ORDER denying 1 Petition for Writ of Habeas Corpus (the "Petition") and closing case. Petitioner asks the Court to order either his release under reasonable conditions of supervision or an individualized bond hearing to determine whether his continued detention is necessary. See [ECF No. 1 at 7]; [ECF No. 3 at 5]. Petitioner admits, however, that he was ordered removed on May 22, 2026 and that he did not appeal the removal order, making it administratively final. See [ECF No. 1 at 6]; [ECF No. 3 at 2]. For that reason, to the extent Petitioner asserts a claim challenging the length of his detention under Zadvydas v. Davis, 533 U.S. 678 (2001), as he recognizes, that challenge is premature. See [ECF No. 3 at 5]. The Supreme Court has recognized a presumptively reasonable detention period of six months to effectuate removal, and according to his allegations in the Petition, Petitioner's removal order became final less than four months ago. See Zadvydas, 533 U.S. at 701; Espinoza-Sorto v. Agudelo, No. 1:25-CV-23201-GAYLES, 2025 WL 3012786, at *7 (S.D. Fla. Oct. 28, 2025) ("Petitioner has only been detained for four months. As a result, any Zadvydas claim is premature."); [ECF No. 3 at 2]. Because Petitioner asserts no other claims, "it plainly appears from the" Petition that he "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 9/11/2026. (bhn) (Entered: 09/11/2026)

Sep 11, 2026

Judge Assignment

Sep 11, 2026

Order Dismissing/Closing Case or Party

#6

Sep 14, 2026

Clerk's Receipt (combines Filing Fee and Partial Filing Fee)