Southern District of Florida • 1:26-cv-26450

#1

Sep 17, 2026

First APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-20005335, filed by Camilo De Jesus Pena Fernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - NTA, # 3 Exhibit B - I94, # 4 Exhibit C - I485, # 5 Exhibit D - EAD, # 6 Exhibit E - Bond, # 7 Exhibit F - ICE Locator (Call ICE), # 8 Exhibit G - Passport, # 9 Exhibit H - Letter of Father, # 10 Exhibit I - EOIR Case (terminated), # 11 Exhibit J - ICE Locator (krome))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Grecco, Guillermo) (Entered: 09/17/2026)

#2

Sep 17, 2026

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (pc) (Entered: 09/18/2026)

#3

Sep 18, 2026

ORDER TO SHOW CAUSE. Signed by Judge Darrin P. Gayles on 9/18/2026. See attached document for full details. (sci) (Entered: 09/18/2026)

Sep 18, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#4

Sep 23, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause by TODD BLANCHE, MATTHEW ELLISTON, MARKWAYNE MULLIN, DAVID VENTURELLA, KROME SERVICE PROCESSING CENTER WARDEN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Raurell, Carlos) (Entered: 09/23/2026)

#5

Sep 23, 2026

PAPERLESS ORDER. In their Response to the Order to Show Cause, Respondents state that "Petitioner's criminal arrest history may render him ineligible for release on bond" pursuant to 8 U.S.C. § 1226(c). [ECF No. 4 at 4 n.1]. However, Respondents provide no explanation about the applicability of § 1226(c) here. Therefore, by September 28, 2026, Respondents shall file a supplemental brief explaining the applicability of § 1226(c) to Petitioner and address the claims raised in Counts III and IV of the Petition, [ECF No. 1]. Signed by Judge Darrin P. Gayles on 9/23/2026. (sci) (Entered: 09/23/2026)

Sep 23, 2026

- Order (PAPERLESS or pdf attached)

#6

Sep 28, 2026

RESPONSE to 5 Order,, by TODD BLANCHE, MATTHEW ELLISTON, MARKWAYNE MULLIN, DAVID VENTURELLA, KROME SERVICE PROCESSING CENTER WARDEN. (Attachments: # 1 Exhibit Supplemental Declaration)(Raurell, Carlos) (Entered: 09/28/2026)

#7

Sep 28, 2026

PAPERLESS ORDER granting in part and denying in part Petitioner's 1 Petition for Writ of Habeas Corpus. Petitioner is a native and citizen of Cuba. [ECF No. 4 at 1]. On January 15, 2024, Petitioner applied for admission into the United States at the port of entry in El Paso, Texas, and he was paroled into the United States until January 13, 2025. Id. Following his arrest by the Port St. Lucie Police Department on a warrant for Second Degree Petit Theft, Petitioner was detained by Immigration and Customs Enforcement officials on August 26, 2026. Id. at 2. Petitioner is presently detained at the Krome North Service Processing Center. Id. at 3.Respondents indicate that Petitioner is only detained pursuant to 8 U.S.C. § 1225(b)(2), not 8 U.S.C. § 1226(c). [ECF No. 6 at 2]. Thus, Counts III and IV of the Petition regarding detention pursuant to § 1226(c) are dismissed without prejudice. Respondents argue that when Petitioner's parole ended, he returned to being an applicant for admission and thus is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). [ECF No. 4 at 4-6]. The Court is unpersuaded. Petitioner was detained while in Florida after his parole had expired. Because he was detained while "unlawfully in the interior" of the country, his detention is governed by § 1226. See Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, 175 F.4th 1258, 1276 (11th Cir. 2026); see also Torres Richardson v. Att'y Gen. of United States et al., No. 1:26-cv-26436-DPG, [ECF No. 7 at 6-8] (S.D. Fla. Sept. 26, 2026) (Gayles, J.) (applying the same reasoning as here). Because Respondents do not indicate that Petitioner is detained pursuant to § 1226(c), the Court concludes that § 1226's "default rule," § 1226(a), applies, and Petitioner is entitled to a bond hearing. Jennings v. Rodriguez, 583 U.S. 281, 288, 306 (2018). Accordingly, Respondents shall afford Petitioner an individualized bond hearing on or before October 5, 2026, or otherwise release Petitioner. On or before October 12, 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 9/28/2026. (sci) (Entered: 09/28/2026)

Sep 28, 2026

Administrative Order

#8

Oct 05, 2026

NOTICE of Compliance by TODD BLANCHE, MATTHEW ELLISTON, MARKWAYNE MULLIN, DAVID VENTURELLA, KROME SERVICE PROCESSING CENTER WARDEN re 7 Administrative Order,,,,,,,,,, (Attachments: # 1 Exhibit Order of Immigration Judge) (Raurell, Carlos) (Entered: 10/05/2026)

#9

Oct 05, 2026

First MOTION to Reopen Case Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 by Camilo De Jesus Pena Fernandez. Responses due by 10/19/2026. (Attachments: # 1 Exhibit TAB A Bond Brief, # 2 Exhibit TAB B Supp Brief, # 3 Exhibit TAB C Order)(Grecco, Guillermo) (Entered: 10/05/2026)

#10

Oct 06, 2026

PAPERLESS ORDER. On or before October 9, 2026, Respondents shall respond to Petitioner's 9 Expedited Motion to Reopen, to Enforce the Order, and for Immediate Release. In their response, Respondents shall include the transcript of the bond hearing held on October 2, 2026. Signed by Judge Darrin P. Gayles on 10/6/2026. (sci) (Entered: 10/06/2026)

Oct 06, 2026

- Order (PAPERLESS or pdf attached)

#11

Oct 09, 2026

RESPONSE to 10 Order, 9 First MOTION to Reopen Case Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 by TODD BLANCHE, MATTHEW ELLISTON, MARKWAYNE MULLIN, DAVID VENTURELLA, KROME SERVICE PROCESSING CENTER WARDEN. (Attachments: # 1 Exhibit Order of the Immigration Judge on Custody Redetermination)(Raurell, Carlos) (Entered: 10/09/2026)

#12

Oct 09, 2026

NOTICE OF FILING BOND HEARING TRANSCRIPTS by TODD BLANCHE, MATTHEW ELLISTON, MARKWAYNE MULLIN, DAVID VENTURELLA, KROME SERVICE PROCESSING CENTER WARDEN re 10 Order, (Attachments: # 1 Transcripts October 1 Bond Hearing Before Immigration Court, # 2 Transcripts October 2 Bond Hearing Before Immigration Court) (Raurell, Carlos) (Entered: 10/09/2026)

#13

Oct 13, 2026

REPLY in Support of Motion re 9 First MOTION to Reopen Case Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241. filed by Camilo De Jesus Pena Fernandez. (Grecco, Guillermo) (Entered: 10/13/2026)