Southern District of Florida • 1:26-cv-22913

#1

Apr 24, 2026

APPLICATION/PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Emergency Petition for Immediate Release. Filing fee $ 5.00 (IFP Motion filed), filed by Geyman Minrael Lopez-Velasquez.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) (Entered: 04/27/2026)

#2

Apr 24, 2026

Judge Assignment to Judge Darrin P. Gayles (kma) (Entered: 04/27/2026)

#3

Apr 24, 2026

MOTION for Leave to Proceed in forma pauperis by Geyman Minrael Lopez-Velasquez. Responses due by 5/8/2026. (kma) (Entered: 04/27/2026)

#4

Apr 27, 2026

NOTICE of Filing by Geyman Minrael Lopez-Velasquez (kma) (Entered: 04/27/2026)

#5

Apr 27, 2026

NOTICE of Attorney Appearance by Kimberly Marie Montgomery on behalf of Miami Federal Detention Center. Attorney Kimberly Marie Montgomery added to party Miami Federal Detention Center(pty:dft). (Montgomery, Kimberly) (Entered: 04/27/2026)

Apr 27, 2026

Judge Assignment

#6

Apr 28, 2026

ORDER TO SHOW CAUSE- Signed by Judge Darrin P. Gayles on 4/28/2026. See attached document for full details. (mab) (Entered: 04/28/2026)

#7

Apr 30, 2026

Response to Order to Show Cause

#8

May 18, 2026

NOTICE of Filing by Geyman Minrael Lopez-Velasquez Emergency Motion/Requests. (cwc) (Entered: 05/19/2026)

#9

May 18, 2026

Motion to Expedite Adjudication, Request for Status, Supplemental Constitutional Argument, and Request for Immediate Release by Geyman Minrael Lopez-Velasquez.( Responses due by 6/1/2026.) (cwc) Modified Emergency designation per DE 11 Order on 5/19/2026 (pes). Modified Text on 5/19/2026 (cwc). (Entered: 05/19/2026)

#10

May 19, 2026

Clerk's Notice of Filing Deficiency Re: DE 9 MOTION to Expedite MOTION EMERGENCY Motion to Expedite Adjudication, Request for Status, Supplemental Constitutional Argument, and Request for Immediate Release filed by Geyman Minrael Lopez-Velasquez, DE 8 Notice (Other) filed by Geyman Minrael Lopez-Velasquez. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (cwc) (Entered: 05/19/2026)

#11

May 19, 2026

PAPERLESS ORDER STRIKING the Emergency designation of 9 MOTION to Expedite MOTION EMERGENCY Motion to Expedite Adjudication, Request for Status, Supplemental Constitutional Argument, and Request for Immediate Release. Although Petitioner complied with the requirement to title the motion as an "Emergency Motion," Petitioner failed to (1) certify that the Motion presents a true emergency requiring an immediate ruling because meaningful relief could not be provided after seven days, (2) specify the date by which a ruling is necessary, and (3) explain why a ruling is needed by the stated date. See S.D. Fla. L.R. 7.1(d)(1). Accordingly, the Clerk is DIRECTED to STRIKE the Emergency designation of 9 MOTION to Expedite MOTION EMERGENCY Motion to Expedite Adjudication, Request for Status, Supplemental Constitutional Argument, and Request for Immediate Release. The Motion itself shall remain pending. The Court also notes that Petitioner failed to include his signature on the Motion, as required by Federal Rule of Civil Procedure 11(a), and reminds Petitioner that he must comply with all Court rules despite his pro se status. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (noting that pro se litigants are "subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure"). Signed by Judge Darrin P. Gayles on 5/19/2026. (bhn) (Entered: 05/19/2026)

May 19, 2026

- Order (PAPERLESS or pdf attached)

#12

May 21, 2026

Notice of Reassignment of Assistant U.S. Attorney by Lacee Elizabeth Monk on behalf of Miami Federal Detention Center. Attorney Kimberly Marie Montgomery terminated.. Attorney Lacee Elizabeth Monk added to party Miami Federal Detention Center(pty:dft). (Monk, Lacee) (Entered: 05/21/2026)

#13

Jun 30, 2026

PAPERLESS ORDER granting 3 Motion for Leave to Proceed in forma pauperis and granting in part 1 Petitioner Geyman Minrael Lopez-Velasquez's Petition for Writ of Habeas Corpus. Because his financial affidavit demonstrates economic eligibility and his claim for relief is not frivolous, see Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (2004), Petitioner's Motion for Leave to Proceed in forma pauperis is GRANTED. Although, on February 19, 2026, Petitioner was ordered removed from the United States, [ECF No. 7-4], Petitioner timely appealed the order of removal to the Board of Immigration Appeals, [ECF No. 7 at 2], so it has not yet become administratively final, see 8 U.S.C. § 1231(a)(1)(B)(ii); 8 C.F.R. § 1241.1(a) (noting that an order of removal becomes final "[u]pon dismissal of an appeal by the Board of Immigration Appeals"). For that reason, Petitioner's detention is governed by 8 U.S.C. § 1226. See Johnson v. Guzman Chavez, 594 U.S. 523, 533-34 (2021) (noting that "§ 1226 governs the detention of aliens until § 1231's removal period begins" and that "the removal period begins when an alien is ordered removed, and the removal order becomes administratively final." (quotation marks omitted)). In light of Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, 175 F.4th 1258 (11th Cir. 2026), Respondent shall afford Petitioner an individualized bond hearing on or before July 10, 2026 or otherwise release Petitioner. On or before July 17, 2026, Respondent 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.All other pending motions are DENIED as MOOT. 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 6/30/2026. (bhn) (Entered: 06/30/2026)

Jun 30, 2026

- Order (PAPERLESS or pdf attached) AND Miscellaneous Case - Closeout AND ~Util - Terminate Motions