Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 26-26569-CIV-GAYLES
JUSTIN SAWYER,
Petitioner,
v.
WARDEN, KROME NORTH
SERVICE PROCESSING CENTER,
Respondent.
_______________________________/
ORDER
THIS CAUSE comes before the Court on Respondent Warden of Krome North Service
Processing Center’s Motion to Dismiss as moot Petitioner Justin Sawyer’s Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Motion”). [ECF No. 4]. For the reasons explained,
the Motion to Dismiss is DENIED.
On September 22, 2026, Petitioner sought habeas relief in this Court, challenging the
constitutionality of his continued immigration detention at the Krome North Service Processing
Center in Miami, Florida since March 13, 2026. See generally Pet. Specifically, he argues that his
detention “bears no reasonable relationship to any legitimate purpose, as his removal is not
reasonabl[y] foreseeable,” and therefore offends the Due Process Clause of the Fifth Amendment.
Id. at 6. He seeks only his immediate release from the custody of U.S. Immigration and Customs
Enforcement (ICE). Id. at 7.
Respondent filed the Motion to Dismiss that same day. The Motion contends that no live
controversy exists here because the Honorable William Dimitrouleas granted Petitioner’s initial §
2241 petition in part and afforded him an individualized bond hearing on May 29, 2026. Mot. at 1
(citing Sawyer v. Assistant Field Off. Dir., No. 26-22327-CV, 2026 WL 1506020 (S.D. Fla. May
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29, 2026)). Petitioner received a bond hearing before the immigration court on June 9, 2026. Id.
(citing Order of Immigration J. [ECF No. 4-1]). There, an immigration judge denied Petitioner
bond, finding that he “failed to establish that he does not pose a danger to others given the nature
of his criminal background[.]” [ECF No. 4-1 at 1]. Petitioner reserved his right to appeal the
immigration judge’s decision; the deadline to file an appeal expired on July 9, 2026, and there is
no evidence that Petitioner ever pursued an appeal. Resp. at 2. Therefore, the immigration judge’s
denial of bond is “final, [and] there is nothing for the Court to remedy.” Id. (citing Spencer v.
Kemna, 523 U.S. 1, 17 (1998)).
But nowhere in the Petition, does Petitioner challenge the denial of bond or seek an
additional bond hearing as a form of relief. Rather, Petitioner raises a constitutional challenge to
his continued detention in ICE custody, asserting that he has been detained for approximately
seven months and that “his removal is not reasonabl[y] foreseeable.” Pet. at 6; see also Jennings
v. Rodriguez, 583 U.S. 281 (2018). The fact that Petitioner previously received an individualized
bond hearing is immaterial to the constitutional claims he now advances. These claims warrant a
more complete briefing by Respondent before the Court can adequately assess the merits of the
Petition.
Accordingly, it is ORDERED AND ADJUDGED:
1. 	Respondent’s Motion to Dismiss [ECF No. 4] is DENIED.
2. 	Within five days of the date of this Order, Respondent shall file a memorandum of
fact and law to show cause why this Petition should not be granted and shall file
therewith all documents and transcripts necessary for the resolution of the Petition.
3. 	Respondent shall serve his response and any accompanying documents on Petitioner.
4. 	Petitioner may, but is not required to, file a reply within five days from the date of
Respondent’s Response.
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5. 	To preserve the status quo and the Court’s jurisdiction, Respondent shall not remove
Petitioner from the United States or the Southern District of Florida until further order
of the Court. See 28 U.S.C. § 1651; A.A.R.P. v. Trump, 605 U.S. 91, 95 (2025) (granting
“temporary injunctive relief” against removal to preserve the court’s jurisdiction while
adjudicating the merits of the case).
DONE AND ORDERED in Chambers at Miami, Florida, this 13th day of October, 2026.
__________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
cc: 	counsel of record
Justin Sawyer
A201-958-948
Krome Service Processing Center
Inmate Mail/Parcels
18201 SW 12th Street
Miami, FL 33194
PRO SE
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