Hermindo Bello Perez v. Miami Field Office Director, et al.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 26-60300-CIV-SINGHAL HERMINDO BELLO PEREZ, Petitioner, V. MIAMI FIELD OFFICE DIRECTOR, et al., Respondents. / ORDER THIS CAUSE is before the Court on Respondents’ Unopposed Motion for Cancellation of February 19th Hearing on the Petition for Writ of Habeas Corpus (the “Motion”). (DE [9]). While the Court rejects the notion that 28 U.S.C. Section 2072 or the rules promulgated pursuant thereto eliminate Section 2243’s requirement that courts hold non-evidentiary hearings as a matter of course, Petitioner's non-opposition to the Motion warrants the hearing’s cancellation. See Taylor v. Pekerol, 2016 WL 5921259, at “6 (N.D. Fla. Aug. 1, 2016) (litigant’s waiver of otherwise mandatory detention hearing satisfied due process). Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. The hearing scheduled for February 19, 2026, at 1:30PM is CANCELLED.

DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 17th day of February 2026. \ Ss Copies furnished counsel via CM/ECF UNITED STATES DISTRICT JUDGE