OPINION AND ORDER

Before the Court is the Federal Respondents’ Motion for Clarification (Doc. 12). Avelino Lage Caro filed this habeas action to challenge the legality of his immigration detention under the Fifth Amendment and Zadvydas v. Davis, 533 U.S. 678 (2001). The Court found no significant likelihood Lage Caro would be removed in the reasonably foreseeable future. But in light of Lage Caro‘s criminal history, the Court gave the government an opportunity to determine whether his detention is necessary to protect the public. In their motion, the federal respondents state that under the facts of this case, concerns about dangerousness do not justify continued detention. Lage Caro is thus entitled to release from detention, but he remains subject to reasonable conditions of supervision.

Accordingly, it is hereby

ORDERED:

Avelino Lage Caro‘s Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED.

The respondents shall release Lage Caro within 24 hours of this Order, and they shall give him telephone access so he may arrange transportation from the facility.
The Clerk is DIRECTED to terminate the pending motions and deadlines as moot, enter judgment, and close this case.

DONE AND ORDERED in Fort Myers, Florida on May 22, 2026.

SHERI POLSTER CHAPPELL

UNITED STATES DISTRICT JUDGE

SA: FTMP-1

Copies: All Parties of Record