govinfo:USCOURTS-flsd-1_26-cv-23046-0

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 

 
 
JOSE MARTINEZ GUADALUPE, 
 
Petitioner, 
v. 
 
MARKWAYNE MULLIN, Secretary of 
Department of Homeland Security, et al., 
 
Respondents. 
__________________________________________/ 
 
ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS 
 
 THIS CAUSE comes before the Court upon P etitioner Jose Martinez 
Guadalupe’s Verified Petition for Writ of Habeas Corpus (the “Petition”). ECF No . 
[1]. Petitioner challenges his immigration detention at the Broward Transitional 
Center 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. [8] at 4–10. 
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). 
Case 1:26-cv-23046-JB Document 13 Entered on FLSD Docket 05/11/2026 Page 1 of 2
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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. 
 
 
________________________________________ 
JACQUELINE BECERRA 
UNITED STATES DISTRICT JUDGE 
 
Case 1:26-cv-23046-JB Document 13 Entered on FLSD Docket 05/11/2026 Page 2 of 2

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