Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:26-cv-21747-LEIBOWITZ

JAIME FLORENCIO QUIB ICAL,

Petitioner,

v.

WARDEN, KROME SERVICE

PROCESSING CENTER, ,

Respondents.

__________________________________________/

ORDER

THIS CAUSE comes before the Court on the Government’s Response to Order to Show

Cause [ECF No. 7], filed on April 2, 2026. The Government has argued that the Petition must be

denied because, inter alia, Petition is detained under 8 U.S.C. § 1231(a)(6). [Id. at 6–7]. The Court

agrees with Respondents that Petitioner is not entitled to a bond hearing or release from detention.

I. FACTUAL BACKGROUND

On March 16, 2026, pro se Petitioner Jaime Florence Quib Ical (“Petitioner”) filed this Petition

for a Writ of Habeas Corpus. [ECF No. 1]. Petitioner is a native and citizen of Guatemala. [ECF

No. 7-1 at 1]. Petitioner arrived in the United States at an unknown location and unknown date. [Id.].

On September 16, 2025, Petitioner was encountered at the Desoto County Jail in Arcadia, Florida

after being arrested for driving without a license. [ECF No. 7-2 at 2]. Prior to this encounter, on

October 2, 2024, Petitioner was convicted driving under the influence and sentenced to twelve months

of probation. [Id.] On September 16, 2025, Enforcement and Removal Operations (“ERO”) issued

Petitioner a Warrant for Arrest of Alien. [ECF No. 7-3 at 1]. The following day, Petitioner was taken

into Immigration and Customs Enforcement (“ICE”) custody and served a Notice of Custody

Determination. [ECF No. 7-5 at 1]. On that same date, ICE ERO issued Petitioner a Notice to

Appear, charging him with inadmissibility pursuant to 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present

in the United States without being admitted or paroled, or who arrived in the United States at a time

or place other than as designated by the Attorney General. [ECF No. 7-1 at 1].

On February 18, 2026, the Immigration Judge denied Petitioner’s request for a custody

redetermination. [ECF No. 7-6 at 1]. On that same date, the Immigration Judge found Petitioner

inadmissible as charged and ordered him removed to Guatemala. [ECF No. 7-8 at 3]. Petitioner

reserved appeal but did not file an appeal with the Board of Immigration Appeals. [Declaration of

Deportation Officer Kristy Zamir (“Zamir. Decl.”), ECF No. 7-7 ¶ 13; see also ECF No. 7-8 at 4]. On

March 10, 2026, Petitioner’s second request for custody redetermination was denied. [ECF No. 7-9

at 1].

On March 16, 2026, Petitioner filed this Petition, challenging his detention under 8 U.S.C.

§ 1231. [ECF No. 1]. On March 27, 2026, Petitioner was transferred from the Krome North Service

Processing Center to the Adams County Correctional Center in Natchez, Mississippi. [ECF No. 7-4].

Petitioner remains in ICE custody at the Adams County Correctional Center. [Id.].

II. LEGAL STANDARD

District courts have the authority to grant writs of habeas corpus. See 28 U.S.C. § 2241(a).

Habeas corpus is fundamentally “a remedy for unlawful executive detention.” Munaf v. Geren, 553 U.S.

674, 693 (2008) (citation omitted). A writ may be issued to a petitioner who demonstrates that he is

being held in custody in violation of the Constitution or federal law. See 28 U.S.C. § 2241(c)(3). The

Court’s jurisdiction extends to challenges involving immigration-related detention. See Zadvydas v.

Davis, 533 U.S. 678, 687 (2001).

III. DISCUSSION

Petitioner moves for habeas relief and argues that his detention is unlawful, citing Zadvydas

from the Supreme Court. [ECF No. 1 ¶ 13]. But Petitioner challenges a post-removal detention

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order, which calls for a specific period of detention before seeking relief under established principles

of this Circuit. For the reasons stated, Petitioner’s request is premature and must be denied.

Section 1231(a) of the INA applies to aliens who are subject to a final order of removal. See 8

U.S.C. § 1231(a). When an alien is ordered removed, “the Attorney General shall remove the alien

from the United States within a period of 90 days[,]” which is known as the “removal period.” Id.

Once the order of removal is finalized, the Government should do its best to execute removal during

the ninety-day period. See Zadvydas, 533 U.S. at 699–701. But sometimes the Government does not

timely remove the petitioner, so the indefinite detention of an alien “raises serious constitutional

concerns.” Sosa v. Warden, Baker Corr. Inst., No. 26-cv-51, 2026 WL 592434, at *2 (M.D. Fla. Mar. 3,

2026). “The Supreme Court in Zadvydas held that six months is a presumptively reasonable period to

detain a removable alien awaiting deportation.” Id.

To obtain relief from a post-removal order of detention under the Zadvydas framework, a

petitioner must: “(1) show that he’s been detained for more than six months; and (2) establish that

there’s no significant likelihood of removal in the foreseeable future.” Flores-Reyes v. Assistant Field Off.

Dir., No. 26-cv-20226, 2026 WL 406708, at *2 (S.D. Fla. Feb. 13, 2026) (Altman, J.) (citing Akinwale

v. Ashcroft, 287 F.3d 1050, 1052 (11th Cir. 2002).

Here, Petitioner was ordered removed on February 18, 2026, so this challenge is governed by

Zadvydas. [See Zamir Decl., ECF No. 7-7 ¶ 12; see also ECF No. 7-9 at 1]. The instant Petition was

filed on March 16, 2026. [See ECF No. 1]. As such, his one-month detention falls far short of the

time required to receive the benefit of the Zadvydas presumption of unreasonableness. Petitioner’s

request is premature. See Flores-Reyes, 2026 WL 406708, at *2 (dismissing habeas petition as premature

because the post-removal order detention did not exceed six months).

IV. CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED as follows:

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1. The Petition [ECF No. 1| is DENIED.

2. The Clerk is DIRECTED to CLOSE this case. All deadlines are TERMINATED, and

any pending motions are DENIED as moot.

3. The Clerk ts further DIRECTED to mail a copy of this Order to Petitioner.

DONE AND ORDERED in the Southern District of Florida, on April 7, 2026.

®

eeeiant sees = 8

DAVID S. LEIBOWITZ

UNITED STATES DISTRICT JUDGE

cc: counsel of record

Jamie Florencio Quib Ical, Pro Se

A# 221452648

Krome North Service Processing Center

Inmate Mail/Parcels

18201 SW 12th Street

Miami, FL 33194