govinfo:USCOURTS-flsd-1_26-cv-23278-0

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 

 
 
GERARDO ESTRELLA, 
 
Petitioner, 
 
v. 
 
KROME NORTH SERVICE 
PROCESSING CENTER, 
Warden, et al., 
 
Respondents. 
 / 
 
OMNIBUS ORDER 
 
THIS CAUSE is before the Court on two filings by pro se Petitioner Gerardo Estrella: (1) 
an Application to Proceed in District Court Without Prepaying Fees or Costs [ECF No. 3] (the 
“IFP Motion”); and (2) a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 [ECF No. 1] 
(the “Petition”). In his IFP Motion, Petitioner asks the Court to allow him to proceed in forma 
pauperis (“IFP”)—that is, without paying the $5.00 fee that is typically due when a person files 
an application for a writ of habeas corpus. See generally [ECF No. 3]; see also 28 U.S.C. § 1914(a) 
(noting that “on application for a writ of habeas corpus the filing fee shall be $5”). In his Petition, 
Petitioner challenges his detention at Krome North Service Processing Center (“Krome”) in Miami 
because, among other reasons, he has not been afforded an individualized bond determination. 1 
See generally [ECF No. 1]. 
 
 
1 Although Petitioner was briefly removed from this District, see [ECF No. 6 at 1], he is currently detained at Krome, 
see [ECF No. 7 at 1]. 
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In accordance with 28 U.S.C. § 2243, the Court issued an Order directing Respondent s—
the “Warden” of Krome and U.S. Immigration and Customs Enforcement (ICE)—to show cause 
why the Petition should not be granted. See [ECF No. 5]. Respondents filed a response to the 
Court’s show cause Order on May 13, 2026 [ECF No. 6] (the “Response”). 2 In their Response, 
“Respondents do not oppose Petitioner’s claim that he should be provided a bond hearing before 
an immigration judge pursuant to 8 U.S.C. § 1226(a) .” See id. at 3 (citing Hernandez Alvarez v. 
Warden, Fed. Det. Ctr. Miami, ___ F.4th ___, No. 25-14065, 2026 WL 1243395, at *1 (11th Cir. 
May 6, 2026)). 
As a preliminary matter, the IFP Motion will be granted . Petitioner’s financial affidavit 
indicates that he has made $0 in income over the past year and that he has no cash, assets, monthly 
expenses, debts, or dependents , see id. at 1 –2, so it “ is sufficient on its face to demonstrate 
economic eligibility,” see Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004) 
(quotation marks omitted); 28 U.S.C. § 1915(a)(1). Further, because Petitioner is detained under 
the authority of § 1226(a), he is entitled to a bond hearing, so his claims are meritorious. See 
Martinez, 364 F.3d at 1307; 28 U.S.C. § 1915(e)(2)(i)–(ii). Accordingly, having satisfied both IFP 
requirements, Petitioner qualifies for IFP status and does not have to pay the $5.00 filing fee. See 
28 U.S.C. § 1915(a)(1), (e)(2); Martinez, 364 F.3d at 1306–07. 
 
2 A writ of habeas corpus must “be directed to the person having custody of the person detained. ” 28 U.S.C. § 2243. 
In “challenges to present physical confinement, ” the Supreme Court has made clear that “the immediate custodian, 
not a supervisory official who exercises legal control, is the proper respondent. ” Rumsfeld v. Padilla, 542 U.S. 426, 
439 (2004); see also id. at 447 (“Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody 
within the United States, he should name his warden as respondent and file the petition in the district of confinement.”). 
Accordingly, the Court will substitute the immediate custodian of Krome , Assistant Field Office Director Charles 
Parra, in his official capacity as Respondent and will dismiss all other named Respondents. See Jackson v. Chatman, 
589 F. App’x 490, 491 n.1 (11th Cir. 2014); Barghouthi v. Field Office Dir., No. 25-25666-CIV, 2026 WL 1040943, 
at *2 (S.D. Fla. Apr. 17, 2026) (“[B]ecause Petitioner is detained at Krome, his immediate custodian is acting Assistant 
Field Office Director Charles Parra. Accordingly, the only proper respondent to this case is Parra in his official 
capacity. . . . The Court therefore substitutes Assistant Field Office Director Charles Parra as the sole respondent to 
this action. All other named respondents are dismissed.”). 
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Moving to the merits of the Petition, b ecause Respondents concede that Petitioner is 
entitled to a bond hearing under § 1226(a), see [ECF No. 6 at 3], the Petition will be granted in 
part. See 28 U.S.C. § 2241(a), (c)(3); Hernandez Alvarez, 2026 WL 1243395, at *18, *21 (agreeing 
that Ҥ 1226 supplies the default rule of detention for an alien arrested and detained in the interior, 
whether he is being removed on grounds of deportability or inadmissibility,” because “the 
language that Congress has chosen to use does not grant to the Executive unfettered authority to 
detain, without the possibility of bond, every unadmitted alien present in the country”) . 
Accordingly, it is ORDERED AND ADJUDGED: 
1. Petitioner Gerardo Estrella’s pro se Petition for Writ of Habeas Corpus under 28 U.S.C. 
§ 2241, [ECF No. 1], is GRANTED in part. 
2. Respondent shall afford Petitioner an individualized bond hearing consistent with 8 
U.S.C. § 1226(a) on or before June 10, 2026 or otherwise release Petitioner. 
3. On or before June 12, 2026, Respondent shall file a Status Report informing the Court 
of whether Petitioner was given a bond hearing, the outcome of Petitioner’s bond 
hearing, and the status of matters relevant to the Petition. 
4. Petitioner Gerardo Estrella’s IFP Motion, [ECF No. 3], is GRANTED. 
5. The Clerk SHALL SUBSTITUTE the immediate custodian of Krome, Assistant Field 
Office Director Charles Parra in his official capacity, as Respondent in this case and 
SHALL TERMINATE all other named Respondents. See 28 U.S.C. § 2243; 
Rumsfeld, 542 U.S. at 439, 447; Jackson , 589 F. App’x at 491 n.1; Barghouthi , 2026 
WL 1040943, at *2. 
6. This case is CLOSED for administrative purposes. 
7. The Court retains jurisdiction to address matters that may arise with respect to the 
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Petition, and either party may file a motion to reopen the case should any additional 
relief be sought relating to the Petition or this Order. 
8. The Clerk SHALL MAIL a copy of this Order to Petitioner. 
DONE AND ORDERED in Chambers at Miami, Florida, this 4th day of June, 2026. 
 
 
__________________________________ 
DARRIN P. GAYLES 
 UNITED STATES DISTRICT JUDGE 
 
cc: 
 
Gerardo Estrella 
A#079416292 
Krome North Service Processing Center 
Inmate Mail/Parcels 
18201 SW 12th Street 
Miami, FL 33194 
PRO SE 
 
Noticing 2241/Bivens US Attorney 
Email: usafls-2255@usdoj.gov 
 
Noticing INS Attorney 
Email: usafls-immigration@usdoj.gov 
 
Brittany B. Brock 
US Attorney’s Office 
Email: brittany.brock@usdoj.gov 
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