govinfo:USCOURTS-flsd-0_26-cv-60766-0

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 

 
ENRIQUE ENRIQUEZ-GUERRA, 
 
 Petitioner, 
 
v. 
 
RIPA GARRETT, Field Office 
Director, U.S. Immigration 
and Customs Enforcement, 
 
 Respondent. 
______________________________________/ 
 
ORDER 
 
CHARACTERISTIC of the undersigned’s upbringing, surrounded by law-abiding 
immigrants who left oppressive conditions in search of a rule- following citizenry in a 
country that offered a better life, there was one maxim that rang true above all 
others. One respected and followed his parents even when they were wrong. 
Today that same principle applies with the concept of vertical precedent. Despite 
the superior, well thought out plain meaning analysis of the dissenting judge in Hernandez 
Alvarez v. Warden, Federal Detention Center, Miam i, 2026 WL 1243395 (11th Cir. May 
6, 2026) (Lagoa, J.) , this Court is duty bound to follow the majority opinion authored by 
its parent court. The Eleventh Circuit ruled that aliens, like Petitioner, who are detained 
within the country rather than upon arrival at the border, are entitled to a bond hearing 
under 8 U.S.C. § 1226. 
This Court has authority and jurisdiction to grant writs of habeas corpus when 
aliens are unlawfully held in immigration detention. 28 U.S.C. § 2241(c)(3); Zadvydas v. 
Davis, 533 U.S. 678, 687 (2001) . Under Eleventh Circuit precedent, Petitioner is being 
Case 0:26-cv-60766-AHS Document 14 Entered on FLSD Docket 05/08/2026 Page 1 of 2
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held in violation of the Immigration and Nationality Act. Accordingly, it is hereby 
ORDERED AND ADJUDGED as follows: 
1. To the extent Petitioner seeks an individualized bond hearing , the Petition for 
Writ of Habeas Corpus is GRANTED; 
2. The government is ORDERED to give Petitioner an individualized bond hearing 
no later than Friday, May 15, 2026; 
3. The Clerk of Court is directed to CLOSE this case, CANCEL all hearings and 
deadlines, and DENY AS MOOT any pending motions. 
 DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 8th day of May 
2026. 
 
 
 
Copies furnished counsel via CM/ECF 
 
Case 0:26-cv-60766-AHS Document 14 Entered on FLSD Docket 05/08/2026 Page 2 of 2

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