Mompie Delmonte v. Warden, Glades County Detention Center (Glades County)

Aug 5, 2026

2:26-cv-02120

ORDER

Petitioner Leonardo Mompie Delmonte is a Cuban national with a final removal order. He was recently detained by U.S. Immigration and Customs Enforcement (ICE). He now seeks a writ of habeas corpus under 28 U.S.C. § 2241. As best the Court can tell from the pro se petition, he argues that his continued detention violates the Fifth Amendment as interpreted by Zadvydas v. Davis, 533 U.S. 678 (2001). (Doc. 1.) The Government opposes the petition. (Doc. 6.) For the reasons below, the petition is DENIED WITHOUT PREJUDICE.

I. Legal Framework

The federal habeas statute, 28 U.S.C. § 2241, provides authority to issue writs of habeas corpus when an individual is [i]n custody in violation of the Constitution or law or treaties of the United States. Id. § 2241(c)(3). At its historical core, the writ of habeas corpus has served as a means of reviewing the legality of Executive detention, and it is in that context that its protections have been strongest. I.N.S. v. St. Cyr, 533 U.S. 289, 301 (2001). Section 2241 authorizes federal courts to hear challenges to immigration detention. Grigorian v. Bondi, No. 25-CV-22914-RAR, 2025 WL 2604573, at *2 (S.D. Fla. Sept. 9, 2025).

II. Discussion

The statutory framework for removal works like this: when a noncitizen‘s removal order becomes final, like here, the government has 90 days to effectuate removal. 8 U.S.C. § 1231(a)(1)(A). During that period, detention is mandatory. Id. § 1231(a)(2)(A). If the 90 days pass and the noncitizen is still here, the statute gives the government a choice: release the individual on supervision or keep them detained. Id. § 1231(a)(6).

But as the Supreme Court explained in Zadvydas, the authority to detain does not stretch into infinity. To avoid serious constitutional problems, the Court read an implicit limitation into the statute: the government may detain a noncitizen only for a period reasonably necessary to secure his removal. 533 U.S. at 679. And to make that rule workable, the Court established a presumption. For the first six months, detention is presumptively reasonable. Id. at 701. After that period has passed and the alien provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the burden then shifts to the government to provide evidence sufficient to rebut that showing. Akinwale v. Ashcroft, 287 F.3d 1050, 1052 (11th Cir. 2002). Thus, in order to state a claim under Zadvydas, the alien not only must show post-removal order detention in excess of six months but also must provide evidence of a good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future. Id.

Applied here, Delmonte cannot satisfy the initial temporal requirement. He was taken into immigration custody on February 21, 2026. Because he has been detained for less than six months, he remains within the window in which his detention is presumptively reasonable. See, e.g., Grigorian v. Bondi, Case No. 25-CV-22914-RAR, 2025 WL 1895479, at *8 (S.D. Fla. July 8, 2025). Until the six-month Zadvydas period concludes, detention is presumptively reasonable, and any due process claim is not ripe. See, e.g., Lopez v. Dir. of Enf‘t and Removal Operations, Case No. 3:25-cv-1313-JEP-SJH, 2026 WL 261938, at *12 (M.D. Fla. Jan. 26, 2026); Guerra-Castro v. Parra, Case No. 25-cv-22487-GAYLES, 2025 WL 1984300 at *4 (S.D. Fla. July 17, 2025) (finding habeas petition premature because Petitioner has not been detained for more than six months).

As best the Court can tell, Delmonte also presses a procedural due process claim. But it‘s not entirely clear which process he failed to receive. When the Supreme Court confronted the constitutional perils of indefinite immigration detention in Zadvydas, it did not instruct lower courts to start weighing the process afforded to the detainee. It set a timer. For the first six months, detention is presumptively reasonable. 533 U.S. at 701. So until that timer goes off, Zadvydas itself supplies the constitutional metric. Martinez v. Larose, 968 F.3d 555, 566 (6th Cir. 2020). In other words, the Zadvydas standard is due process: a § 1231 detainee who fails the Zadvydas test fails to prove a due process violation. Castaneda v. Perry, 95 F.4th 750, 760 (4th Cir. 2024). Because Delmonte‘s detention is just out of the starting gate, he is not yet entitled to anything more.

Delmonte‘s due process claim under Zadvydas is not yet ripe, so the habeas petition is DENIED WITHOUT PREJUDICE to him refiling a new petition should his current detention exceed the six-month mark and he can demonstrate there is no significant likelihood of removal in the reasonably foreseeable future. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the case.

ORDERED in Fort Myers, Florida on August 5, 2026

Kyle C. Dudek

United States District Judge