Middle District of Florida • 2:26-cv-00530
Borrero Hernandez v. Warden, Florida Soft Side South (Collier County)
Active
Case Information
Filed: February 25, 2026
Assigned to:
Kyle C. Dudek
Referred to:
Douglas N. Frazier
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
April 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 25, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24526202) filed by Ernesto Borrero Hernandez. (Attachments: # 1 Civil Cover Sheet)(Lemus, Arno) (Entered: 02/25/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 25, 2026
Emergency MOTION for Temporary Restraining Order by Ernesto Borrero Hernandez. (Lemus, Arno) (Chambers notified) Modified text on 2/26/2026 (ABM). (Entered: 02/25/2026)
Main Document:
Temporary Restraining Order
#3
Feb 26, 2026
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-530-KCD-DNF. (RLD) (Entered: 02/26/2026)
#4
Feb 26, 2026
NOTICE TO COUNSEL Arno Lemus, III of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LJC) (Entered: 02/26/2026)
#5
Feb 26, 2026
ORDER to show cause why Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) should not be granted. The Clerk of Court is DIRECTED to send a copy of this Order, the Petition, with exhibits (Doc. 1) electronically to the United States Attorney's Office in Tampa, Florida (USAFLM.Alcatraz@usdoj.gov) and by certified mail to the Attorney General of the United States in Washington, D.C (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington DC 20530-0001). Petitioner is also directed to serve this order on Respondents by March 5, 2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 3/19/2026. Signed by District Judge Kyle C. Dudek on 2/26/2026. (CGW) (Entered: 02/26/2026)
Main Document:
Order to show cause
Feb 26, 2026
Case Assigned/Reassigned
Feb 26, 2026
Notice to Counsel of Local Rule
#6
Mar 02, 2026
Order on Motion for Temporary Restraining Order
#7
Mar 02, 2026
Notice of Lead Counsel Designation
Main Document:
Notice of Lead Counsel Designation
#8
Mar 05, 2026
Notice (Other)
Main Document:
Notice (Other)
#9
Mar 16, 2026
Proof of Service
Main Document:
Proof of Service
#10
Mar 16, 2026
Amended petition for writ of habeas corpus
Main Document:
Amended petition for writ of habeas corpus
#11
Mar 16, 2026
Memorandum in support
Main Document:
Memorandum in support
#12
Mar 18, 2026
Notice of appearance
Main Document:
Notice of appearance
#13
Mar 18, 2026
Notice (Other)
Main Document:
Notice (Other)
#14
Mar 18, 2026
Dismiss
Main Document:
Dismiss
#15
Mar 19, 2026
ENDORSED ORDER directing Respondents to respond to 14 the Warden's Motion to Dismiss. Response due by March 26, 2026. In doing so, they must specifically explain how their position in this case squares with the argument they routinely advance -- that the local warden is the sole proper respondent under Rumsfeld v. Padilla, 542 U.S. 426, 434-36 (2004). See, e.g., Roblero v. Warden, Florida Soft Side South, et al., No. 2:26-cv-91, Doc. 9 at 1 n.1 (M.D. Fla. 2026). Respondents must also respond to 10 the amended petition by that date. Signed by District Judge Kyle C. Dudek on 3/19/2026. (BLW) (Entered: 03/19/2026)
#16
Mar 19, 2026
Notice of appearance
Main Document:
Notice of appearance
#17
Mar 19, 2026
Response to amended habeas petition AND Response to habeas petition
Main Document:
Response to amended habeas petition AND Response to habeas petition
Mar 19, 2026
Order
#18
Mar 26, 2026
ENDORSED ORDER denying 14 Respondent Warden's Motion to Dismiss Petition for Writ of Habeas Corpus for the reasons set forth in Jimenez v. Mordant, No. 2:26-cv-451-KCD-NPM, 2026 WL 820536 (M.D. Fla. Mar. 25, 2026). As the immediate custodian of Petitioner, Warden is a proper respondent to his habeas petition. Signed by District Judge Kyle C. Dudek on 3/26/2026. (BLW) (Entered: 03/26/2026)
Mar 26, 2026
Order on Motion to Dismiss
Parties
Borrero Hernandez
Party
Warden, Florida Soft Side South (Collier County)
Party