Middle District of Florida • 2:26-cv-00747

Aguirre Polanco v. Warden, Florida Soft Side Facility South

Completed

Case Information

Filed: March 16, 2026
Assigned to: Sheri Polster Chappell
Referred to: Douglas N. Frazier
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: March 31, 2026
Last Activity: April 13, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 16, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24615721) filed by Edwin Moises Aguirre Polanco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Proposed Summons Warden, # 4 Proposed Summons Ripa, # 5 Proposed Summons Lyons, # 6 Proposed Summons Noem, # 7 Proposed Summons Bondi)(Martinez, Alexander) (Entered: 03/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 17, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-00747-SPC-DNF. (LAW) (Entered: 03/17/2026)
#3
Mar 17, 2026
NOTICE TO COUNSEL Alexander Martinez 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). (ABM) (Entered: 03/17/2026)
Mar 17, 2026
Notice to Counsel of Local Rule
Mar 17, 2026
Case Assigned/Reassigned
#4
Mar 18, 2026
Notice of Lead Counsel Designation
Main Document: Notice of Lead Counsel Designation
#5
Mar 18, 2026
Order to Respond to Habeas Petition
Main Document: Order to Respond to Habeas Petition
#6
Mar 23, 2026
Notice of appearance
Main Document: Notice of appearance
#7
Mar 25, 2026
Response to habeas petition
Main Document: Response to habeas petition
#8
Mar 25, 2026
Notice of appearance
Main Document: Notice of appearance
#9
Mar 25, 2026
Dismiss
Main Document: Dismiss
#10
Mar 26, 2026
ENDORSED ORDER denying Respondent Warden, Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 9). "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 3/26/2026. (SAP) (Entered: 03/26/2026)
Mar 26, 2026
Order on Motion to Dismiss
#11
Mar 31, 2026
Opinion and order
Main Document: Opinion and order
#12
Mar 31, 2026
Judgment
Main Document: Judgment
#13
Apr 13, 2026
Proof of Service
Main Document: Proof of Service

Parties

Aguirre Polanco
Party
Warden, Florida Soft Side Facility South
Party