Jaime Florencio Quib Ical v. Warden, Krome Service Processing Center

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 1:26-cv-21747-LEIBOWITZ JAIME FLORENCIO QUIB ICAL, Petitioner, v. WARDEN, KROME SERVICE PROCESSING CENTER, , Respondents. __________________________________________/ ORDER THIS CAUSE comes before the Court on the Government’s Response to Order to Show Cause [ECF No. 7], filed on April 2, 2026. The Government has argued that the Petition must be denied because, inter alia, Petition is detained under 8 U.S.C. § 1231(a)(6). [Id. at 6–7]. The Court agrees with Respondents that Petitioner is not entitled to a bond hearing or release from detention.

I. FACTUAL BACKGROUND On March 16, 2026, pro se Petitioner Jaime Florence Quib Ical (“Petitioner”) filed this Petition for a Writ of Habeas Corpus. [ECF No. 1]. Petitioner is a native and citizen of Guatemala. [ECF No. 7-1 at 1]. Petitioner arrived in the United States at an unknown location and unknown date. [Id.].

On September 16, 2025, Petitioner was encountered at the Desoto County Jail in Arcadia, Florida after being arrested for driving without a license. [ECF No. 7-2 at 2]. Prior to this encounter, on October 2, 2024, Petitioner was convicted driving under the influence and sentenced to twelve months of probation. [Id.] On September 16, 2025, Enforcement and Removal Operations (“ERO”) issued Petitioner a Warrant for Arrest of Alien. [ECF No. 7-3 at 1]. The following day, Petitioner was taken into Immigration and Customs Enforcement (“ICE”) custody and served a Notice of Custody Determination. [ECF No. 7-5 at 1]. On that same date, ICE ERO issued Petitioner a Notice to Appear, charging him with inadmissibility pursuant to 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled, or who arrived in the United States at a time or place other than as designated by the Attorney General. [ECF No. 7-1 at 1].

On February 18, 2026, the Immigration Judge denied Petitioner’s request for a custody redetermination. [ECF No. 7-6 at 1]. On that same date, the Immigration Judge found Petitioner inadmissible as charged and ordered him removed to Guatemala. [ECF No. 7-8 at 3]. Petitioner reserved appeal but did not file an appeal with the Board of Immigration Appeals. [Declaration of Deportation Officer Kristy Zamir (“Zamir. Decl.”), ECF No. 7-7 ¶ 13; see also ECF No. 7-8 at 4]. On March 10, 2026, Petitioner’s second request for custody redetermination was denied. [ECF No. 7-9 at 1].

On March 16, 2026, Petitioner filed this Petition, challenging his detention under 8 U.S.C. § 1231. [ECF No. 1]. On March 27, 2026, Petitioner was transferred from the Krome North Service Processing Center to the Adams County Correctional Center in Natchez, Mississippi. [ECF No. 7-4].

Petitioner remains in ICE custody at the Adams County Correctional Center. [Id.].

II. LEGAL STANDARD District courts have the authority to grant writs of habeas corpus. See 28 U.S.C. § 2241(a).

Habeas corpus is fundamentally “a remedy for unlawful executive detention.” Munaf v. Geren, 553 U.S. 674, 693 (2008) (citation omitted). A writ may be issued to a petitioner who demonstrates that he is being held in custody in violation of the Constitution or federal law. See 28 U.S.C. § 2241(c)(3). The Court’s jurisdiction extends to challenges involving immigration-related detention. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001).

III. DISCUSSION Petitioner moves for habeas relief and argues that his detention is unlawful, citing Zadvydas from the Supreme Court. [ECF No. 1 ¶ 13]. But Petitioner challenges a post-removal detention order, which calls for a specific period of detention before seeking relief under established principles of this Circuit. For the reasons stated, Petitioner’s request is premature and must be denied.

Section 1231(a) of the INA applies to aliens who are subject to a final order of removal. See 8 U.S.C. § 1231(a). When an alien is ordered removed, “the Attorney General shall remove the alien from the United States within a period of 90 days[,]” which is known as the “removal period.” Id. Once the order of removal is finalized, the Government should do its best to execute removal during the ninety-day period. See Zadvydas, 533 U.S. at 699–701. But sometimes the Government does not timely remove the petitioner, so the indefinite detention of an alien “raises serious constitutional concerns.” Sosa v. Warden, Baker Corr. Inst., No. 26-cv-51, 2026 WL 592434, at *2 (M.D. Fla. Mar. 3, 2026). “The Supreme Court in Zadvydas held that six months is a presumptively reasonable period to detain a removable alien awaiting deportation.” Id. To obtain relief from a post-removal order of detention under the Zadvydas framework, a petitioner must: “(1) show that he’s been detained for more than six months; and (2) establish that there’s no significant likelihood of removal in the foreseeable future.” Flores-Reyes v. Assistant Field Off.

Dir., No. 26-cv-20226, 2026 WL 406708, at *2 (S.D. Fla. Feb. 13, 2026) (Altman, J.) (citing Akinwale v. Ashcroft, 287 F.3d 1050, 1052 (11th Cir. 2002).

Here, Petitioner was ordered removed on February 18, 2026, so this challenge is governed by Zadvydas. [See Zamir Decl., ECF No. 7-7 ¶ 12; see also ECF No. 7-9 at 1]. The instant Petition was filed on March 16, 2026. [See ECF No. 1]. As such, his one-month detention falls far short of the time required to receive the benefit of the Zadvydas presumption of unreasonableness. Petitioner’s request is premature. See Flores-Reyes, 2026 WL 406708, at *2 (dismissing habeas petition as premature because the post-removal order detention did not exceed six months).

IV. CONCLUSION Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Petition [ECF No. 1| is DENIED.

2. The Clerk is DIRECTED to CLOSE this case. All deadlines are TERMINATED, and any pending motions are DENIED as moot.

3. The Clerk ts further DIRECTED to mail a copy of this Order to Petitioner.

DONE AND ORDERED in the Southern District of Florida, on April 7, 2026. ® eeeiant sees = 8 DAVID S. LEIBOWITZ UNITED STATES DISTRICT JUDGE cc: counsel of record Jamie Florencio Quib Ical, Pro Se A# 221452648 Krome North Service Processing Center Inmate Mail/Parcels 18201 SW 12th Street Miami, FL 33194