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govinfo:USCOURTS-flsd-1_26-cv-22407-0
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MD NAIM ISLAM, Petitioner, v. WARDEN OF KROME NORTH SERVICE PROCESSING CENTER; DIRECTOR, MIAMI FIELD OFFICE FOR U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ENFORCEMENT AND REMOVAL OPERATIONS (ICE/ERO); KRISTI NOEM, in her official capacity as Secretary of the U.S. Department of Homeland Security; TODD LYONS, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement; and PAMELA BONDI, in her official capacity as Attorney General of the United States, Respondents. _____________________________________/ ORDER GRANTING IN PART PETITION THIS CAUSE is before the Court on Petitioner, Md Naim Islam’s (“Petitioner”), pro se Petition for a Writ of Habeas Corpus (“Petition”) [ECF No. 1], filed on April 7, 2026, and the Response to Order to Show Cause (“Response”) [ECF No. 7], filed on May 14, 2026. THE COURT has reviewed the Petition, the Response, and the record in this case and is otherwise fully advised. Petitioner asserts a due process challenge to her arrest and detention by immigration officials alleging, in relevant part, that her continued custody is unlawful, arbitrary, and contrary to the United States Constitution. Petitioner requests release from immigration detention and that Respondents afford her a bond hearing. See Case 1:26-cv-22407-MD Document 8 Entered on FLSD Docket 05/27/2026 Page 1 of 2 2 generally Pet. In the Response, Respondents state that in light of the Eleventh Circuit’s recent decision in Alvarez v. Warden, No. 25-14065, __ F.4th __ (11th Cir. May 6, 2026), they do not oppose Petitioner’s request for a bond hearing. See Resp. Thus, this Court finds that Petitioner is entitled to an individualized bond hearing as a detainee under Section 1226(a). Accordingly, it is ORDERED AND ADJUDGED that the Petition [ ECF No. 1 ] is GRANTED IN PART to the extent that Petitioner requests this Court to direct the Immigration Court to give h er a bond hearing . Respondents shall FORTHWITH afford Petitioner an individualized bond hearing consistent with 8 U.S.C. § 1226(a) or otherwise release Petitioner. The bond hearing must take place no later than June 5, 2026. It is further The Clerk of Court is DIRECTED to CLOSE this case for Administrative and Statistical purposes. This Court retains jurisdiction to address matters that may arise with respect to the Petition, and either party may file a motion to reopen the case should additional relief be sought relating to the Petition or this Order. DONE AND ORDERED in Chambers in the Southern District of Florida, this 26th day of May, 2026. ______________________________________ MELISSA DAMIAN UNITED STATES DISTRICT JUDGE cc. Naim Islam, Pro Se A# 220-097-943 Krome North Service Processing Center Inmate Mail/Parcels 18201 SW 12th Street Miami, FL 33194 Case 1:26-cv-22407-MD Document 8 Entered on FLSD Docket 05/27/2026 Page 2 of 2