Middle District of Florida • 2:26-cv-00903

Alvarado Rosales v. Attorney General of the United States

Active

Case Information

Filed: March 27, 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)
Active
Last Activity: April 10, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 27, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24678891) filed by Elvin Eduardo Alvarado Rosales. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Gomez, Liliana) (Entered: 03/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-903-SPC-NPM. (RPB) (Entered: 03/27/2026)
#3
Mar 27, 2026
NOTICE of Lead Counsel Designation by Liliana Yisel Gomez on behalf of Elvin Eduardo Alvarado Rosales. Lead Counsel: Liliana Y. Gomez. (Gomez, Liliana) (Entered: 03/27/2026)
Main Document: Notice of Lead Counsel Designation
Mar 27, 2026
Case Assigned/Reassigned
#4
Mar 30, 2026
ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. Response to petition due by 4/6/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 3/30/2026. (CAW) (Entered: 03/30/2026)
Main Document: Order to Respond to Habeas Petition
#5
Apr 05, 2026
Notice of appearance
Main Document: Notice of appearance
#6
Apr 05, 2026
Notice of appearance
Main Document: Notice of appearance
#7
Apr 06, 2026
Response to habeas petition
Main Document: Response to habeas petition
#8
Apr 06, 2026
Disclosure Statement - LR 3.03 and FRCP 7.1
Main Document: Disclosure Statement - LR 3.03 and FRCP 7.1
#9
Apr 06, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden of Florida Soft Side South. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/06/2026)
Main Document: Dismiss
#10
Apr 07, 2026
ENDORSED ORDER denying Respondent Warden of 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 4/7/2026. (SAP) (Entered: 04/07/2026)
#11
Apr 07, 2026
Reply to response to petition
Main Document: Reply to response to petition
Apr 07, 2026
Order on Motion to Dismiss
#12
Apr 08, 2026
Opinion and order
Main Document: Opinion and order
#13
Apr 10, 2026
Judgment
Main Document: Judgment