Neyman v. U.S. Immigration and Customs Enforcement
| Vyacheslav Neyman |
| U.S. Immigration and Customs Enforcement and Warden of Krome SPC |
| 1:2026cv22005 |
| March 25, 2026 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on July 15, 2026. A more recent docket listing may be available from PACER.
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| Filing 14 Defendant's NOTICE OF FILING THE HON. U.S. DISTRICT JUDGE K. MICHAEL MOORE ORDER AT ECF NO. 53 IN TOUSSAINT V. WARDEN, CASE NO. 26-22459-CIV-MOORE by U.S. Immigration and Customs Enforcement, Warden of Krome SPC (Attachments: #1 Exhibit 1- Order of Judge Moore, [ECF No. 53], #2 Exhibit 2 - Detention History) (Lugo, Jeanette) |
Filing 13
PAPERLESS ORDER granting #3 Motion for Leave to Proceed in forma pauperis and denying #1 Petition for Writ of Habeas Corpus (the "Petition"). Because his financial affidavit demonstrates economic eligibility and his claim for relief is not frivolous, see Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (2004), Petitioner's Motion for Leave to Proceed in forma pauperis is GRANTED. Regarding the Petition, Petitioner contends that he has "been detained by ICE beyond the removal period authorized by statute," and that "ICE is not likely to remove [him] in the near future." [ECF No. 1, Petition at 6]. He, therefore, seeks an order from this Court "directing" the government "to release [him] from further unlawful detention[.]"Id. at 7. However, the record shows that Petitioner was ordered removed from the United States to Ukraine on October 6, 2008. [ECF No. 6-6, Order of the Immigration Judge]. Petitioner does not challenge the validity of the removal order. [see generally, ECF No. 1, Petition]. Rather, relying on Zadvydas v. Davis, 533 U.S. 678 (2001), Petitioner seeks his release because he argues that "noncitizens cannot be detained indefinitely if the government is unable to carry out their removal." Id. at 10. To begin, Petitioner's detention, as a non-citizen who has been ordered removed, is mandatory under 8 U.S.C. 1231(a)(2)(A). See Zadvydas v. Davis, 533 U.S. 678, 683 (2001). And "to state a claim under Zadvydas, [Petitioner] 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." Akinwale v. Ashcroft, 287 F.3d 1050, 1052 (11th Cir. 2002) (affirming the district court's dismissal of petition for writ of habeas corpus). Here, ICE took Petitioner into custody on February 3, 2026. [ECF No. 6-1]. Thus, Petitioner's challenge to the length of his post-final order detention is premature because his detention has not exceeded the presumptively reasonable six-month period. Further, Petitioner has not shown that there is no significant likelihood of removal in the reasonably foreseeable future. [see generally ECF No. 1, Petition]. Importantly, the government alleges that Petitioner refused to cooperate with the removal process by failing to providing necessary travel documents. [ECF No. 6-4 at 4]. Petitioner cannot be awarded relief from a delay he partially caused. Accordingly, the Petition is DENIED. See Pavel Leiva Baez v. Warden, Krome Service Processing Center, No. 26-CV-23001-JB, 2026 WL 1842647, at *3 (S.D. Fla. June 26, 2026) (denying a petition for Writ of Habeas Corpus because the petitioner, like here, "failed to show that there is no significant likelihood of removal in the reasonably foreseeable future, as required to satisfy second prong of the Zadvydas analysis."). The case is CLOSED. Signed by Judge Darrin P. Gayles on 6/30/2026. (ia00)
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| Filing 12 CLERK'S NOTICE of Compliance re #11 Order on Motion for Extension of Time,, Order on Motion for Extension of Time to File Response/Reply/Answer. (ls) |
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Filing 11
ORDER granting #8 Motion for Extension of Time to File Reply as to #6 Response to Order to Show Cause; granting #9 Motion for Extension of Time to File Response/Reply (Other) as to #6 Response to Order to Show Cause. (Replies due by 5/22/2026.) Signed by Judge Darrin P. Gayles on 5/12/2026. See attached document for full details. (ls)
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| Filing 10 RESPONSE to #6 Response to Order to Show Cause,, by Vyacheslav Neyman. (ls) |
| Filing 9 PETITION/MOTION for Extension of Time to File Response/Reply/Answer as to #6 Response to Order to Show Cause,, by Vyacheslav Neyman. Responses due by 5/26/2026. (ls) |
| Filing 8 Petition /MOTION for Extension of Time to File Reply re #6 Response to Order to Show Cause by Vyacheslav Neyman. Responses due by 5/22/2026. (blc) |
| Filing 7 Notice of Reassignment of Assistant U.S. Attorney by Jeanette Marie Lugo on behalf of U.S. Immigration and Customs Enforcement, Warden of Krome SPC. Attorney John Steven Leinicke terminated.. Attorney Jeanette Marie Lugo added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Jeanette Marie Lugo added to party Warden of Krome SPC(pty:dft). (Lugo, Jeanette) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to Show Cause,, by U.S. Immigration and Customs Enforcement, Warden of Krome SPC. (Attachments: #1 Exhibit Form I-213, #2 Exhibit Form I-94, #3 Exhibit Form I-181, #4 Exhibit Josil Declaration, #5 Exhibit Form I-862, #6 Exhibit Order of Immigration Judge, #7 Exhibit Detention History, #8 Exhibit Form I-205, #9 Exhibit Form I-220B, #10 Exhibit Notice of Revocation of Release, #11 Exhibit Notice to Alien of File Custody)(Leinicke, John) |
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Filing 5
ORDER TO SHOW CAUSE re Petitioner Vyacheslav Neyman's pro se Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. ECF No. #1 . It is ORDERED AND ADJUDGED: 1. Within ten days of the date of this Order, Respondents shall file a memorandum of fact and law to show cause why this Petition should not be granted and shall file therewith all documents and transcripts necessary for the resolution of the Petition. Signed by Judge Darrin P. Gayles on 3/30/2026. See attached document for full details. (blc)
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| Filing 4 NOTICE of Attorney Appearance by John Steven Leinicke on behalf of U.S. Immigration and Customs Enforcement, Warden of Krome SPC. Attorney John Steven Leinicke added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney John Steven Leinicke added to party Warden of Krome SPC(pty:dft). (Leinicke, John) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Vyacheslav Neyman. Responses due by 4/7/2026. (ebz) |
| Filing 2 Judge Assignment to Judge Darrin P. Gayles. (ebz) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00. IFP Filed, filed by Vyacheslav Neyman.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (ebz) |
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