Hifis Edgardo Caballero-Murillo v. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security, U.S. Attorney General, Warden Matthew Mordant, and Warden of South Florida Detention Center

Summary

The United States District Court for the Middle District of Florida denied Hifis Edgardo Caballero-Murillo’s motion for a temporary restraining order seeking immediate release from immigration detention. The court held that the petitioner had not clearly shown a substantial likelihood of success on his claims under Zadvydas v. Davis or 8 C.F.R. § 241.4, and that alleged procedural defects did not warrant ex parte release. The court also declined to prohibit a transfer because jurisdiction over the habeas petition would not be destroyed by a change in physical custodian.

Holdings

1. Petitioner was not entitled to emergency release because, having been detained for less than three weeks, he had not shown a substantial likelihood of proving that there was no significant likelihood of removal in the reasonably foreseeable future.
2. Alleged violations of the interview and notice procedures did not justify an ex parte order of immediate release, particularly where Respondents had not yet had an opportunity to respond.
3. The requested transfer restriction was unnecessary because jurisdiction attaches when a § 2241 petition is filed and is not destroyed by a government-effectuated transfer or change in physical custodian.

Questions Presented

1. Whether Petitioner clearly established a substantial likelihood of success on his claim under Zadvydas v. Davis that his immigration detention was unlawful because removal was not reasonably foreseeable.
2. Whether alleged violations of the procedures governing revocation of immigration supervision justified an ex parte order directing Petitioner's immediate release.
3. Whether the court should prohibit Petitioner's transfer outside the Middle District of Florida to preserve jurisdiction over the § 2241 petition.

Disposition

other