Southern District of Florida • 1:26-cv-25954

CASTELLANOS ABONO v. Warden, Krome North SPC

Completed

Case Information

Filed: August 28, 2026
Assigned to: Darrin Phillip Gayles
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: September 10, 2026
Last Activity: September 21, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 28, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19928495, filed by Oscar Luis CASTELLANOS ABONO. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Lemus, Arno) (Entered: 08/28/2026)
Main Document: Application/Petition (Complaint) for Writ of Habeas Corpus
#2
Aug 28, 2026
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (pc) (Entered: 08/31/2026)
#3
Aug 31, 2026
ORDER TO SHOW CAUSE. Signed by Judge Darrin P. Gayles on 8/31/2026. See attached document for full details. (sci) (Entered: 08/31/2026)
Main Document: Order to Show Cause
#4
Aug 31, 2026
NOTICE of Attorney Appearance by Keyla E. Rodriguez on behalf of TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, Warden, Krome North SPC. Attorney Keyla E. Rodriguez added to party TODD BLANCHE(pty:dft), Attorney Keyla E. Rodriguez added to party MARKWAYNE MULLIN(pty:dft), Attorney Keyla E. Rodriguez added to party DAVID VENTURELLA(pty:dft), Attorney Keyla E. Rodriguez added to party Warden, Krome North SPC(pty:dft). (Rodriguez, Keyla) (Entered: 08/31/2026)
Main Document: Notice of Attorney Appearance
#5
Aug 31, 2026
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every filing shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, the parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions including, but not limited to, the striking of the filing or dismissal of this action. Signed by Judge Darrin P. Gayles on 8/31/2026. (sci) (Entered: 08/31/2026)
Aug 31, 2026
Clerk's Notice of Judge Assignment and Optional Consent
Aug 31, 2026
Notice of Court Practice/to Appear/Other
#6
Sep 04, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause by TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, Warden, Krome North SPC. (Attachments: # 1 Exhibit A I-213_Redacted, # 2 Exhibit B NTA dated 10-1-2023, # 3 Exhibit C I-94, # 4 Exhibit D Order of IJ 12-28-2023, # 5 Exhibit E Declaration, # 6 Exhibit F Detention History_Redacted, # 7 Exhibit G NTA dated 8-18-2026, # 8 Exhibit H EOIR Automated Case Information)(Rodriguez, Keyla) (Entered: 09/04/2026)
Main Document: Response to Order to Show Cause
#7
Sep 09, 2026
REPLY to 6 Response to Order to Show Cause, by Oscar Luis CASTELLANOS ABONO. (Lemus, Arno) (Entered: 09/09/2026)
Main Document: Reply to Response to Order to Show Cause
#8
Sep 10, 2026
PAPERLESS ORDER granting Petitioner's 1 Petition for Writ of Habeas Corpus. The Government indicates that Petitioner's Section 1182(d)(5)(A) parole expired on October 1, 2025, and Petitioner was detained after encountering Florida Highway Patrol on August 14, 2026 [ECF No. 6 at 2]. "[S]ection 1182(d)(5)(A) suggests that rather than reverting to any prior status, a noncitizen whose parole has expired is treated like the vast majority of undocumented immigrants currently living in this country who are not subjected to expedited removal." Sylvaince v. Warden, Miami Fed. Det. Ctr., No. 26-CV-23991-RAR, 2026 WL 2568522, at *3 (S.D. Fla. Aug. 31, 2026) (internal quotation marks and citations omitted). Therefore, the Court finds that at the time of his detention, Petitioner was unlawfully in the interior of the country, so his detention is governed by Section 1226. See Hernandez Alvarez v. Warden, Fed. Det. Ctr. Miami, 175 F.4th 1258, 1276 (11th Cir. 2026). Accordingly, Respondents shall afford Petitioner an individualized bond hearing on or before September 17, 2026, or otherwise release Petitioner. On or before September 24, 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 9/10/2026. (sci) (Entered: 09/10/2026)
Sep 10, 2026
Administrative Order
#9
Sep 21, 2026
STATUS REPORT of Bond Hearing by TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, Warden, Krome North SPC (Attachments: # 1 Exhibit Exhibit A Immigration Judge Order)(Rodriguez, Keyla) (Entered: 09/21/2026)
Main Document: Status Report

Parties

CASTELLANOS ABONO
Party
Warden, Krome North SPC
Party