Middle District of Florida • 2:26-cv-00674

Perez-Marrero v. Noem (Collier County)

Completed

Case Information

Filed: March 10, 2026
Assigned to: Sheri Polster Chappell
Referred to: Nicolas P. Mizell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: May 12, 2026
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 10, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24584241) filed by Jorge S Perez-Marrero. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Plasencia, Yaritssa) (Entered: 03/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 10, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-674-SPC-NPM. (RLD) (Entered: 03/10/2026)
#3
Mar 10, 2026
NOTICE TO COUNSEL Yaritssa Plasencia 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: 03/10/2026)
Mar 10, 2026
Case Assigned/Reassigned
Mar 10, 2026
Notice to Counsel of Local Rule
#4
Mar 11, 2026
NOTICE of Lead Counsel Designation by Yaritssa Plasencia on behalf of Jorge S Perez-Marrero. Lead Counsel: Yaritssa Plasencia. (Plasencia, Yaritssa) (Entered: 03/11/2026)
Main Document: Notice of Lead Counsel Designation
#5
Mar 11, 2026
ORDER directing service of the petition for writ of habeas corpus and setting an expedited briefing schedule. Signed by Judge Sheri Polster Chappell on 3/11/2026. (NMC) (Entered: 03/11/2026)
Main Document: Order to Respond to Habeas Petition
#6
Mar 18, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Pamela Bondi, ICE / U.S. Immigration and Customs Enforcement,, Kristi Noem, Garret J. Ripa, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1_Composite Exhibit, # 2 Exhibit 2_Vliet Declaration, # 3 Exhibit 3_Dec. 18, 2023, Delegation Memo)(Spraker, Chad) (Entered: 03/18/2026)
Main Document: Response to habeas petition
#7
Mar 20, 2026
REPLY re 6 Response to habeas petition by Jorge S Perez-Marrero. (Plasencia, Yaritssa) (Entered: 03/20/2026)
Main Document: Reply to response to petition
#8
Mar 30, 2026
PROOF of service - Attorney General of the United States served on 3/20/2026. (MSN) (Entered: 03/31/2026)
Main Document: Proof of Service
#9
Apr 07, 2026
MOTION to Expedite Ruling and NOTICE of Ripeness by Jorge S Perez-Marrero (Plasencia, Yaritssa) Modified event and text on 4/8/2026 (MCB). (Entered: 04/07/2026)
Main Document: Expedite
#10
Apr 08, 2026
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South (Meros, Nicholas) (Entered: 04/08/2026)
Main Document: Notice of appearance
#11
Apr 08, 2026
NOTICE of Appearance by Emma Genevieve Refuveille on behalf of Warden, Florida Soft Side South (Refuveille, Emma) (Entered: 04/08/2026)
Main Document: Notice of appearance
#12
Apr 08, 2026
MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South. (Meros, Nicholas) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/08/2026)
Main Document: Extension of Time to File Answer / Respond to Complaint
#13
Apr 09, 2026
ENDORSED ORDER granting 12 Unopposed Motion for Extension of Time to Answer. Warden, Florida Soft Side South answer or response due 4/9/2026. Signed by Judge Sheri Polster Chappell on 4/9/2026. (Chappell, Sheri) (Entered: 04/09/2026)
#14
Apr 09, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 04/09/2026)
Main Document: Dismiss
#15
Apr 09, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 14). "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 4/9/2026. (SAP) (Entered: 04/09/2026)
Apr 09, 2026
Order on Motion to Dismiss
Apr 09, 2026
Order on Motion for Extension of Time to Answer
#16
Apr 10, 2026
OPINION AND ORDER. Jorge S. Perez-Marrero's Petition for Writ of Habeas Corpus (Doc. 1) remains under advisement. Within 30 days of this Order, ICE shall conduct a custody review to determine whether Perez-Marrero poses a danger to the comm unity sufficient to justify continued detention. Within seven days of the custody review, the respondents shall file a supplemental response, addressing the results of the review and any updates on removal efforts. Perez-Marrero may file a reply within three days of the supplemental response. Signed by Judge Sheri Polster Chappell on 4/10/2026. (SAP)
Main Document: Opinion and order
#17
May 06, 2026
MOTION for Clarification re 16 Opinion and order by Pamela Bondi, ICE / U.S. Immigration and Customs Enforcement,, Kristi Noem, Garret J. Ripa, U.S. Department of Homeland Security. (Spraker, Chad) (Entered: 05/06/2026)
Main Document: Reconsideration / Clarification
#18
May 08, 2026
OPINION AND ORDER. Jorge S. Perez-Marrero's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. The respondents shall release Perez-Marrero within 24 hours of this Order, and they shall facilitate his transportation from the facility by notifying his counsel when and where he may be collected. The Clerk is DIRECTED to terminate the pending motions and deadlines as moot, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 5/8/2026. (SAP)
Main Document: Opinion and order
#19
May 12, 2026
JUDGMENT that Jorge S. Perez-Marrero's 1 Petition for Writ of Habeas Corpus is GRANTED. (Signed by Deputy Clerk) (JOS) (Entered: 05/12/2026)
Main Document: Judgment - Prisoner
#20
Jun 07, 2026
MOTION for Attorney Fees pursuant to the Equal Access to Justice Act (EAJA) by Jorge S Perez-Marrero. (Plasencia, Yaritssa) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/07/2026)
Main Document: Attorney Fees
#21
Jun 08, 2026
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 20 Perez-Marrero's motion for attorney fees. The court tends to strictly enforce its motion-related conference requirements to foster communication between the parties, narrow or resolve issues without court involvement, and ensure that disputes are neither under nor overstated when first presented to the court for resolution. Signed by Magistrate Judge Nicholas P. Mizell on 6/8/2026. (RCD) (Entered: 06/08/2026)
#22
Jun 08, 2026
Amended MOTION for Attorney Fees under the equal access to justice act by Jorge S Perez-Marrero. (Plasencia, Yaritssa) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified to edit docket text on 6/9/2026 (RLD). (Entered: 06/08/2026)
Main Document: Attorney Fees
Jun 08, 2026
Order on Motion for Attorney Fees
#23
Jun 22, 2026
RESPONSE in Opposition re 22 Amended MOTION for Attorney Fees under the equal access to justice act filed by Pamela Bondi, ICE / U.S. Immigration and Customs Enforcement,, Kristi Noem, Garret J. Ripa, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1_Composite Exhibit)(Spraker, Chad) (Entered: 06/22/2026)
Main Document: Response in Opposition to Motion
#24
Sep 02, 2026
Stay
Main Document: Miscellaneous Relief