Middle District of Florida • 2:26-cv-00655

#1

Mar 08, 2026

Verified PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24576862) filed by Erlin Moreno Rubio. (Attachments: # 1 Civil Cover Sheet Civil cover Sheet, # 2 Supplement Permanent Appearance Designation, # 3 Supplement Lead Counsel Designation, # 4 Exhibit Exhibit List, # 5 Exhibit Exhibit A, order granting withholding of removal, # 6 Exhibit Exhibit B, Order of Supervision, # 7 Exhibit Exhibit C, Employment Authorization Document)(Gutierrez, Julio) (Entered: 03/08/2026)

#2

Mar 09, 2026

NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-655-SPC-NPM. (AA) (Entered: 03/09/2026)

#3

Mar 09, 2026

Emergency MOTION for Temporary Restraining Order by Erlin Moreno Rubio. (Attachments: # 1 Exhibit Exhibit A, email to Deportation officers, # 2 Exhibit Exhibit B-1, Email from Deportation officer, # 3 Exhibit Exhibit B-2, Email from Deportation officers)(Gutierrez, Julio) (Entered: 03/09/2026)

Mar 09, 2026

Case Assigned/Reassigned

#4

Mar 10, 2026

Order to Respond to Habeas Petition

#5

Mar 16, 2026

Notice of appearance

#6

Mar 17, 2026

Dismiss

#7

Mar 17, 2026

Exhibit OSUP Revo

#8

Mar 19, 2026

ENDORSED ORDER denying Respondent Warden, Florida Soft Side South Detention Center's Moton to Dismiss Petition for Writ of Habeas Corpus. (Doc. 6). "The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is the person who has custody over the petitioner." Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (cleaned up). While courts have recognized that immigration detainees in state-run facilities can bring habeas claims against certain federal officials, see, e.g., Masingene v. Martin, 424 F. Supp. 3d 1298, 1301 (S.D. Fla. 2020), the immediate custodian is also a proper respondent. As the immediate custodian of the petitioner, the Warden is a proper respondent to his habeas petition. Signed by Judge Sheri Polster Chappell on 3/19/2026. (SAP) (Entered: 03/19/2026)

#9

Mar 19, 2026

Reply to response to petition

Mar 19, 2026

Order on Motion to Dismiss

#10

Mar 24, 2026

Opinion and order

#11

Mar 24, 2026

Judgment