Adrian Valentino Montilla-Rodriguez v. Garrett Ripa, Field Office Director of...

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 26-cv-22533-JB

ADRIAN VALENTINO MONTILLA-RODRIGUEZ, Petitioner, v. GARRETT RIPA, Field Office Director of Enforcement and Removal Operations, Miami Field Office Immigration and Customs Enforcement, et al., Respondents. __________________________________________/ ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS THIS CAUSE comes before the Court upon Petitioner Adrian Valentino Montilla-Rodriguez’s Verified Petition for Writ of Habeas Corpus (the “Petition”).

ECF No. [1]. Petitioner challenges his immigration detention at the Federal Detention Center in Miami, Florida and seeks, among other relief, a bond hearing before an immigration judge or immediate release from custody. Id. In particular, Petitioner claims he has been wrongfully denied an individualized bond hearing before an immigration judge and seeks a bond hearing pursuant to 8 U.S.C. § 1226(a). Id. In their Response to the Petition, Respondents argue, inter alia, that Petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2)(A). ECF No. [4] at 3–7.

The facts and legal arguments of this case are nearly indistinguishable from those considered by the Eleventh Circuit Court of Appeals in Hernandez Alvarez v. Warden, Federal Detention Center Miami wherein the Court held that immigrants like Petitioner are entitled to an individualized bond hearing under § 1226(a).

Hernandez Alvarez, No. 25-14065, 25-14075, 2026 WL 1243395, at *1–2 (11th Cir. May 6, 2026). Given Hernandez Alvarez, it is hereby ORDERED AND ADJUDGED as follows: 1. The Petition, ECF No. [1], is GRANTED IN PART. Petitioner falls under 8 U.S.C. § 1226(a), and accordingly, Respondents shall promptly afford Petitioner an individualized bond hearing consistent with 8 U.S.C. § 1226(a) within seven days of this Order or otherwise release Petitioner.

2. Respondents shall, within 24 hours of the bond hearing, file a Status Report indicating the outcome of the bond hearing and, if release on bond is denied, the reason(s) for the denial.

3. Any remaining claims in the Petition are DISMISSED WITHOUT PREJUDICE.

4. Any pending motions are DENIED AS MOOT.

5. The Clerk is directed to CLOSE this case.

DONE AND ORDERED in Chambers at Miami, Florida this 11th day of May, 2026.

JACQU NE BECERRA UNITE ATES DISTRICT JUDGE