govinfo:USCOURTS-flsd-1_26-cv-22327-0

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 

JUSTIN SAWYER, 
 
 Petitioner, 
v. 
 
ASSISTANT FIELD OFFICE DIRECTOR, 
 
 Respondents. 
 / 
 
ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS 
 
THIS CAUSE is before the Court on Petitioner JUSTIN SAWYER, 
(“Petitioner”)’s Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 [DE 1], filed April 
3, 2026. The Court has considered the Petition [DE 1], Respondents’ Response [DE 9], and 
Petitioner’s Reply [DE 12] and is otherwise fully advised in the premises. 
Based on the recent ruling by the Eleventh Circuit Court of Appeals in Hernandez 
Alvarez v. Warden, Federal Detention Center Miami, et al., Case Nos. 25-14065; 25-14075 
(May 6, 2026), which is persuasively binding on this Court until the mandate issues, 
§1225(b)(2)(A) does not apply to Petitioner. Rather, § 1226(a) and its implementing regulations 
govern Petitioner’s detention, entitling Petitioner to an individualized bond hearing as a detainee 
under § 1226(a). See id. The Court takes no position as to whether Petitioner should be granted 
release on bond by the Immigration Judge, just that Petitioner is entitled to an individualized 
bond hearing. 
Accordingly, it is hereby ORDERED AND ADJUDGED that the Petition [DE 1] is 
GRANTED IN PART as follows: 
Case 1:26-cv-22327-WPD Document 16 Entered on FLSD Docket 05/29/2026 Page 1 of 2
1. Respondents shall afford Petitioner an individualized bond hearing consistent with 
8 U.S.C. § 1226(a) within seven days, by June 5, 2026, and file a notice in the record 
upon the completion of the bond hearing indicating (1) that an individualized bond 
hearing was afforded and (2) the outcome of that bond hearing. 
2. A hearing in this matter is hereby set for 1:00 P.M. on Thursday, June 11, 2026, in 
Courtroom 205B at the U.S. Courthouse, 299 E. Broward Boulevard, Fort 
Lauderdale, Florida. The hearing may be cancelled upon notification that the bond 
hearing was held. 
3. The Clerk shall CLOSE this case and DENY AS MOOT any pending motions. 
4. The Court RETAINS JURISDICTION to enforce this Order. 
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, 
this 29th day of May, 2026. 
 
 
 
 
 
Copies furnished to: 
Counsel of Record 
 
Justin Sawyer 
A# 201-958-948 
Krome North Service Processing Center 
Inmate Mail/Parcels 
18201 SW 12th Street 
Miami, FL 33194 
PRO SE 
 
 
Case 1:26-cv-22327-WPD Document 16 Entered on FLSD Docket 05/29/2026 Page 2 of 2

Passage view · GavelSight