Hector Hernandez v. Warden of Alligator Alcatraz

Summary

The United States District Court for the Middle District of Florida dismissed Hector Hernandez’s 28 U.S.C. § 2241 habeas petition without prejudice. The court held that Hernandez’s conclusory allegations did not establish regulatory violations or demonstrate that his removal was not reasonably foreseeable under Zadvydas v. Davis, and allowed him 21 days to file an amended petition.

Holdings

1. A habeas petitioner challenging continued immigration detention must provide sufficient facts giving good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future; bare or conclusory allegations are insufficient.
2. Hernandez was not entitled to habeas relief because his petition did not allege enough facts to demonstrate a violation of applicable regulations or a due-process violation under Zadvydas and the Fifth Amendment.

Questions Presented

1. Whether Hernandez's allegations were sufficient to establish that the government violated regulations when it revoked his release under an order of supervision.
2. Whether Hernandez's continued immigration detention violated the Fifth Amendment under Zadvydas v. Davis because removal was not reasonably foreseeable.
3. Whether the petition contained sufficient factual allegations to warrant habeas relief or an evidentiary hearing.

Disposition

dismissed