govinfo:USCOURTS-flsd-0_26-cv-61354-1

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 26-61354-CV-MIDDLEBROOKS/Augustin-Birch 
DARIO ADALBERTO ESCALANTE DIAZ, 
Petitioner, 
V. 
MARKW A YNE MULLIN, et al., 
Respondents. 
I ------------------
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE 
THIS CAUSE comes before the Court on Magistrate Judge Augustin-Birch's Report and 
Recommendations ("Report"), signed on May 14, 2026. (DE 8). The Report recommends granting 
in part Petitioner Diaz's petition for habeas corpus relief pursuant to 28 U.S.C. §2241. (Id.). The 
Report set a three-day deadline for the filing of objections. (DE 8 at 2). The deadline has expired 
and no objections have been filed. 
Upon review of the Report and the record as a whole, I agree with Magistrate Judge 
Augustin-Birch's conclusions. Accordingly, it is ORDERED AND ADJUDGED that: 
(1) Magistrate Judge Augustin-Birch's Report (DE 8) is hereby ADOPTED. 
(2) Petitioner's Petition for Habeas Corpus pursuant to 28 U.S.C. § 2241 (DE 1) is 
GRANTED, as set forth in the Report. Accordingly, Respondent shall either afford 
Petitioner an individualized bond hearing before an immigration judge within five days or 
release him. 
Case 0:26-cv-61354-DMM   Document 10   Entered on FLSD Docket 05/21/2026   Page 1 of 2
(3) The Clerk of Court shall CLOSE THIS CASE and deny any other pending motions AS 
MOOT. 
SIGNED in Chambers in West Palm Beach, Florida, this,.lL_ofMay, 2026. 
Copies to: Magistrate Judge Augustin-Birch; 
Counsel of Record; 
2 
United States District Judge 
Case 0:26-cv-61354-DMM   Document 10   Entered on FLSD Docket 05/21/2026   Page 2 of 2

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