Human Impact Project

The petitioner, a Cuban citizen and native of Cuba, is subject to a final order of removal entered in 2018. At that time he was detained for approximately eight months while the government unsuccessfully attempted to effect his removal, after which he was released. He was re-detained by immigration authorities on June 7, 2026 (described as June 6, 2026 in a related filing) and has remained in immigration custody since then. A petition for writ of habeas corpus was filed on his behalf by a relative acting as 'next friend,' arguing his continued detention violates the Due Process Clause under Zadvydas v. Davis and federal immigration detention regulations, and seeking his immediate release. However, the court found that the petitioner had separately filed his own pro se habeas petition in his own name one day earlier, raising the same claims and seeking the same relief against a more complete set of respondents. Because the petitioner was shown to be capable of litigating on his own behalf, the court held the 'next friend' could not establish standing and dismissed this duplicative action, along with pending motions for a temporary restraining order and for entry of judgment. The court clarified that dismissal does not limit the petitioner's ability to pursue his claims in the separately filed prior action.