Middle District of Florida • 2:26-cv-00832

#1

Mar 21, 2026

Verified PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24646942) filed by Nelson Pires Dos Santos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1 - Petitioner Birth Certificate, # 3 Exhibit Exhibit 2 - Marriage Record, # 4 Exhibit Exhibit 3 - Receipt for I-130, # 5 Exhibit Exhibit 4 - Lee County Booking, # 6 Exhibit Exhibit 5 - Notice of Detainer, # 7 Exhibit Exhibit 6 - Lee County Disposition)(Levine, Howard) (Entered: 03/21/2026)

#2

Mar 21, 2026

Emergency MOTION for Temporary Restraining Order by Nelson Pires Dos Santos. (Levine, Howard) (Entered: 03/21/2026)

#3

Mar 23, 2026

NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Douglas N. Frazier. New case number: 2:26-cv-832-SPC-DNF. (AA) (Entered: 03/23/2026)

Mar 23, 2026

Case Assigned/Reassigned

#4

Mar 24, 2026

Order to Respond to Habeas Petition

#5

Mar 30, 2026

Notice of appearance

#6

Mar 30, 2026

Notice of appearance

#7

Mar 30, 2026

Dismiss

#8

Mar 31, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 7). "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 3/31/2026. (SAP) (Entered: 03/31/2026)

#9

Mar 31, 2026

Response to habeas petition

Mar 31, 2026

Order on Motion to Dismiss

#10

Apr 01, 2026

Memorandum in support

#11

Apr 02, 2026

Opinion and order

#12

Apr 03, 2026

Judgment

#13

Apr 21, 2026

Proof of Service