Kulatunga v. Krome North Service Processing Center et al
| Asoka Kulatunga |
| Krome North Service Processing Center, ICE-ERO Center Miramar, U.S. Department of Homeland Security and U.S. Attorney General |
| 1:2026cv25769 |
| August 24, 2026 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
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Filing 5
PAPERLESS ORDER denying Petitioner's #3 Motion for Expedited Consideration and Temporary Restraining Order. Petitioner asks the Court to expedite consideration of his 2241 Petition and order Respondents to "immediately release [him] from custody[.]" See Mot. [ECF No. 3] at 1. In support, Petitioner alleges, among other things, that Respondents have detained him "without showing any inclination to get [him] operated" on for a hernia. Id. at 3. He argues that "[d]eliberate indifference to serious illness/injury is unconstitutional in accordance with the Eighth Amendment." Id. But "claims challenging the conditions of confinement fall outside of habeas corpus law." Vaz v. Skinner, 634 F. App'x 778, 780 (11th Cir. 2015). "Petitioner's 2241 petition is not the appropriate vehicle for raising an inadequate medical care claim, as such a claim challenges the conditions of confinement, not the fact or duration of that confinement." Id. at 781. Petitioner may pursue a civil-rights action concerning the adequacy of his medical care, but those allegations do not warrant release in this habeas proceeding. To the extent Petitioner also asks the Court to immediately resolve his challenge to the legality of his detention, that request is premature. The Court is required by statute to order Respondents to show cause "within three days" or, for good cause shown, no more than "twenty days[,]" 28 U.S.C. 2243, and will do so by separate order. Without a response from Respondents, there is nothing to expedite. Accordingly, Petitioner's #3 Motion for Expedited Consideration and Temporary Restraining Order is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2026. (mro)
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| Filing 4 NOTICE, Consent, and Reference of a Civil Action to a Magistrate Judge by Asoka Kulatunga (kma) |
| Filing 3 MOTION for Expedite Consideration and Temporary Restraining Order by Asoka Kulatunga. Responses due by 9/8/2026. (kma) |
| Filing 2 Judge Assignment to Judge Rodolfo A. Ruiz, II (kma) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Asoka Kulatunga. (Attachments: #1 Civil Cover Sheet, #2 Memorandum, #3 Exhibit)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) |
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