Southern District of Florida • 1:26-cv-26454

#1

Sep 17, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Weslando Cenatus. (Attachments: # 1 Declaration in Support of Petition for H. C., # 2 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 09/18/2026)

#2

Sep 17, 2026

Judge Assignment to Judge Darrin P. Gayles (kma) (Entered: 09/18/2026)

#4

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)

#5

Sep 18, 2026

PAPERLESS ORDER denying as moot Petitioner's 3 Ex Parte Application for Temporary Restraining Order, in light of the Court's Order to Show Cause [ECF No. 4]. Signed by Judge Darrin P. Gayles on 9/18/2026. (scn) (Entered: 09/18/2026)

Sep 18, 2026

Order on Sealed Motion

Sep 18, 2026

SYSTEM ENTRY - Docket Entry 3 [motion] restricted/sealed until further notice. (scn)

Sep 18, 2026

Judge Assignment

Sep 18, 2026

Order

#6

Sep 21, 2026

Clerks Notice of Receipt of Filing Fee received on 9/18/2026 in the amount of $ 5.00, receipt number FLS322878. (vt) (Entered: 09/21/2026)

#7

Sep 23, 2026

RETURN/ RESPONSE to Petition for Writ of Habeas Corpus by Krome North Service Processing Center, Miami Field Office Director, U.S. Attorney General, U.S. Department of Homeland Security, U.S. Immigration and Custom Enforcement. Attorney Francisco Armada added to party Krome North Service Processing Center(pty:dft), Attorney Francisco Armada added to party Miami Field Office Director(pty:dft), Attorney Francisco Armada added to party U.S. Attorney General(pty:dft), Attorney Francisco Armada added to party U.S. Department of Homeland Security(pty:dft), Attorney Francisco Armada added to party U.S. Immigration and Custom Enforcement(pty:dft). (Attachments: # 1 Exhibit A Form I 213, 2024, # 2 Exhibit B NTA, # 3 Exhibit C Form I 94, # 4 Exhibit D Form I 213 8.8.26, # 5 Exhibit E Detention History, # 6 Exhibit F Declaration of Officer Crespo)(Armada, Francisco) (Entered: 09/23/2026)

#8

Sep 29, 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 Haiti. [ECF No. 7 at 1]. On June 9, 2024, Petitioner applied for admission into the United States at the port of entry in San Diego, California, and he was paroled into the United States until April 24, 2026. Id. at 1-2. He was detained by Immigration and Customs Enforcement officials on August 28, 2026, following a "routine immigration enforcement in Broward County, Florida." Id. at 2. Petitioner is presently detained at the Otay Mesa Detention Center in San Diego, California and awaiting his return to the Southern District of Florida. Id. Petitioner seeks immediate release from immigration custody, pursuant to 8 U.S.C. § 1226(a). [ECF No. 1]. 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)(A). See [ECF No. 7 at 3-10]. The Court is not persuaded by Respondents' argument. 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). Therefore, 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 6, 2026, or otherwise release Petitioner. On or before October 13, 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 9/29/2026. (gat) (Entered: 09/29/2026)

Sep 29, 2026

Administrative Order

#9

Oct 13, 2026

Notice of Compliance

#10

Oct 15, 2026

Status Report