Southern District of Florida • 1:26-cv-22752

#1

Apr 21, 2026

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00. IFP Filed, filed by Gerardo Antonio Soza Arvizu.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (scn) (Entered: 04/21/2026)

#2

Apr 21, 2026

Judge Assignment to Judge Roy K. Altman. (scn) (Entered: 04/21/2026)

#3

Apr 21, 2026

MOTION for Leave to Proceed in forma pauperis by Gerardo Antonio Soza Arvizu. Responses due by 5/5/2026. (scn) (Entered: 04/21/2026)

#4

Apr 21, 2026

NOTICE of Attorney Appearance by George J. Jacobs on behalf of U.S. Immigration and Customs Enforcement (ICE), Warden, Krome North Service Processing Center. Attorney George J. Jacobs added to party U.S. Immigration and Customs Enforcement (ICE)(pty:dft), Attorney George J. Jacobs added to party Warden, Krome North Service Processing Center(pty:dft). (Jacobs, George) (Entered: 04/21/2026)

Apr 21, 2026

Judge Assignment

#5

Apr 23, 2026

ORDER. The Petitioner's IFP Motion DE 3 is DENIED as legally insufficient. By May 22, 2026, the Petitioner shall either pay the Clerk's filing fee of $5.00 or, in the alternative, file a motion to proceed in forma pauperis ("IFP motion"). (Filing Fee due by 5/22/2026, Motions due by 5/22/2026.) The Clerk shall administratively CLOSE the case. Signed by Judge Roy K. Altman on 4/23/2026. See attached document for full details. (ebz) (Entered: 04/23/2026)

#6

May 13, 2026

Clerks Notice of Receipt of Filing Fee received on 5/8/2026 in the amount of $ 5.00, receipt number FLS317509. (vt) (Entered: 05/13/2026)

#7

Jul 08, 2026

ORDER. The Clerk is DIRECTED to REOPEN this Case. By July 21, 2026, the Respondent shall file a Response Memorandum of fact and law, explaining exactly why the Petition should not be granted. U.S. Immigration and Customs Enforcement (ICE) response/answer due 7/21/2026; Warden, Krome North Service Processing Center response/answer due 7/21/2026. Signed by Judge Roy K. Altman on 7/8/2026. See attached document for full details. (ebz) (Entered: 07/08/2026)

#8

Jul 09, 2026

NOTICE of Compliance by U.S. Immigration and Customs Enforcement (ICE), Warden, Krome North Service Processing Center re 7 Order Reopening Case,, Set Response/Answer Due Deadline, (Jacobs, George) (Entered: 07/09/2026)

#9

Jul 16, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 7 Order Reopening Case,, Set Response/Answer Due Deadline, by U.S. Immigration and Customs Enforcement (ICE), Warden, Krome North Service Processing Center. (Attachments: # 1 Exhibit Ex. A - I-213 2026, # 2 Exhibit Ex. B - NTA 2026, # 3 Exhibit Ex. C - Criminal Records, # 4 Exhibit Ex. D - Detention History, # 5 Exhibit Ex. E - I-200 2026, # 6 Exhibit Ex. F - Bond NOH, # 7 Exhibit Ex. G - IJO Bond, # 8 Exhibit Ex. H - NOH)(Jacobs, George) (Entered: 07/16/2026)

#10

Sep 11, 2026

Letter to the Judge from Gerardo Antonio Soza Arvizu. (Address Updated) (ebz) (Entered: 09/11/2026)

#11

Sep 11, 2026

Emergency Motion for Custody Redetermination based on changed circumstances due to medical negligence, amputation, and lack of rehabilitation by Gerardo Antonio Soza Arvizu. Responses due by 9/25/2026. (ebz) (Entered: 09/11/2026)

#12

Sep 12, 2026

PAPERLESS ORDER denying the Petitioner's 11 Emergency Motion for Custody Redetermination ("Motion"). Soza Arvizu says that, following an amputation, he is "completely unable to walk" and is "being denied doctor-ordered physical therapy and rehabilitation." Mot. at 1. He adds that "[c]ontinued detention under these conditions constitutes cruel and unusual punishment" and asks us to order his "immediate release" or set a "nominal bond." Id. at 1-2. Soza Arvizu says that the amputation occurred in February 2026 and attributes it to "ICE negligence"--the same injury he describes in his 1 Petition. Pet. at 12. We deny the Motion for two reasons.First, to the extent Soza Arvizu claims that his conditions of confinement constitute "cruel and unusual punishment," Mot. at 1, we can't grant him relief on that claim in this habeas proceeding. "[C]laims challenging the conditions of confinement fall outside of habeas corpus law." Vaz v. Skinner, 634 F. App'x 778, 780 (11th Cir. 2015). His allegations that he has been denied physical therapy and rehabilitation concern "the conditions of confinement, not the fact or duration of that confinement," id. at 781, and therefore aren't properly raised in this § 2241 proceeding. Soza Arvizu may try to pursue those allegations in a separate civil-rights action.Second, Soza Arvizu hasn't exhausted the available administrative process for seeking release. Although exhaustion isn't jurisdictional, "[t]he exhaustion requirement is still a requirement[.]" Santiago-Lugo v. Warden, 785 F.3d 467, 475 (11th Cir. 2015) (cleaned up). The Respondents have raised that defense and explain that Soza Arvizu "can file another request for a custody redetermination hearing, and it will be treated as a first request." Resp. [ECF No. 9] at 4. If the IJ denies relief, "[a]n appeal from the determination by an Immigration Judge may be taken to the Board of Immigration Appeals[.]" 8 C.F.R. § 1003.19(f). The Motion identifies no renewed request or any appeal to the BIA. See generally Mot. We therefore DENY Soza Arvizu's 11 Emergency Motion for Custody Redetermination. We are aware of the seriousness of his allegations and will adjudicate his pending 1 Petition by separate order. Signed by Judge Roy K. Altman on 9/11/2026. (mro) (Entered: 09/12/2026)

#13

Sep 14, 2026

ORDER Dismissing 1 Application/Petition (Complaint) for Writ of Habeas Corpus, without prejudice; Closing Case. Signed by Judge Roy K. Altman on 9/14/2026. See attached document for full details. (ls) (Entered: 09/15/2026)