The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 26-cv-22537-EA
Ismanys Reyes,
Petitioner,
v.
Garrett Ripa, Field Office Director Enforcement,
et al.,
Respondents.
/
ORDER TO RESPOND
This cause comes before the Court upon Petitioner’s pro se Amended Petition for Writ of
Habeas Corpus filed pursuant to 28 U.S.C. § 2241 (the “Amended Petition”) [ECF No. 8]. On
March 31, 2026, Petitioner filed a pro se Petition for Writ of Habeas Corpus under 28 U.S.C.
§ 2241 alleging that his immigration detention without bond violates the Due Process Clause of
the Fifth Amendment (the “Initial Petition”) [see ECF No. 1 pp. 3–4]. Following this Court’s
Order to Brief the Court’s Subject Matter Jurisdiction [ECF No. 4], Respondents argued in-part
that Petitioner’s prior conviction of assault subjects him to mandatory detention without bond
under 8 U.S.C. § 1226(c) [ECF No. 5 pp. 2, 8–13]. Then, on August 18, 2026, Petitioner filed the
instant Amended Petition, in which he indicates that he was ordered deported to Cuba on June 15,
2026 [ECF No. 8 pp. 6–8]. Petitioner does not indicate whether he appealed the immigration
judge’s removal order [see generally ECF No. 8].
An order of removal made by an immigration judge at the conclusion of immigration
proceedings becomes final upon, in relevant part, either (1) the dismissal of an appeal by the Board
of Immigration Appeals, (2) an alien’s waiver of the right to appeal a removal order, or (3) the
expiration of the time to appeal if no appeal is filed. See 8 C.F.R. § 1241.1(b); see also De La Teja
v. United States, 321 F.3d 1357, 1362 (11th Cir. 2003) (“On October 10, 2002, an Immigration
Judge found De La Teja removable as charged in a decision which became a final removal order
when De La Teja did not appeal that decision to the Board of Immigration Appeals by November
12, 2002.” (citing 8 C.F.R. § 241.1(c))). Once Petitioner’s removal order becomes final, he was
no longer governed by 8 U.S.C. § 1226; instead, he is now subject to detention under a wholly
different statute—8 U.S.C. § 1231. See De La Teja, 321 F.3d at 1363. Once an alien is subject to
detention under § 1231 pursuant to a final order of removal, any decision on the merits of
Petitioner’s prior detention under § 1226 would be “purely advisory in nature[.]” Id.
The Court does not, at this time, take any position on whether the immigration court’s entry of
a final order of removal renders the instant case moot. However, to permit proper consideration
of the issue, the Court hereby ORDERS AND ADJUDGES as follows:
1. Within 21 days of the issuance of this Order, Respondents shall brief the Court on
(a) whether Petitioner’s removal order renders the Initial Petition moot and (b) whether the
Amended Petition is premature under 8 U.S.C. § 1231(a) and Zadvydas v. Davis, 533 U.S.
678 (2001). The Response shall include all relevant documents and transcripts necessary
for the resolution of this matter.
2. Petitioner may, but need not, file a Reply. If Petitioner elects to file a Reply, it shall be due
within 14 days of the date on which the Response is filed and shall not exceed 10 pages.
See S.D. Fla. L.R. 7.1(c)(2). The Court will not consider an untimely Reply. See
Rules 1(b), 5(e), Rules Governing Section 2254 Cases in the United States District Courts.
3. At this time, the Court takes no opinion on the merits of the claims raised in either the
Initial Petition or the Amended Petition, nor whether Petitioner’s change in custody status
renders this matter moot.
DONE AND ORDERED in Chambers at West Palm Beach, Florida, this 3rd day of
September 2026.
ED ARTAU
UNITED STATES DISTRICT JUDGE
Copies Served:
Ismanys Reyes, pro se
A# 061615962
Krome Service Processing Center
Inmate Mail/Parcels
18201 SW 12th Street
Miami, FL 33194
Mary Beth Ricke
United States Attorney's Office
Southern District of Florida
500 E. Broward Blvd.
Suite 700
Fort Lauderdale, FL 33394
Email: Mary.Ricke@usdo].gov
Noticing 2241/Bivens US Attorney
Email: usafls-2255@usdoj.gov
Noticing INS Attorney
Email: usafls-immigration@usdo].gov