Middle District of Florida • 2:26-cv-01009

Salgado Delgado v. Warden, Florida Soft Side South Detention Center

Completed

Case Information

Filed: April 03, 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: April 23, 2026
Last Activity: May 06, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 03, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number 17493) filed by Eliezer Salgado Delgado. (Attachments: # 1 Attachments, # 2 Mailing Envelope)(JTM) (Main Document 1 replaced on 4/8/2026) (JTM). (Entered: 04/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 09, 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 4/16/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/9/2026. (CAW) (Entered: 04/09/2026)
Main Document: Order to Respond to Habeas Petition
#3
Apr 15, 2026
NOTICE of Appearance and Lead Counsel Designation by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) Modified on 4/16/2026 to edit docket text. (WLB). (Entered: 04/15/2026)
Main Document: Notice of appearance
#4
Apr 15, 2026
NOTICE of Appearance by Emma Genevieve Refuveille on behalf of Warden, Florida Soft Side South Detention Center (Refuveille, Emma) (Entered: 04/15/2026)
Main Document: Notice of appearance
#5
Apr 16, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas). (Entered: 04/16/2026)
Main Document: Dismiss
#6
Apr 17, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 5). "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 4/17/2026. (SAP) (Entered: 04/17/2026)
Apr 17, 2026
Order on Motion to Dismiss
#7
Apr 22, 2026
OPINION AND ORDER. Eliezer Salgado Delgado Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. The respondents shall release Salgado Delgado within 24 hours of this Order, and they shall provide him telephone access so he can arrange transp ortation from the facility. The Clerk is DIRECTED to send a copy of this order to USAFLM.Alcatraz@usdoj.gov, terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 4/22/2026. (SAP)
Main Document: Opinion and order
#8
Apr 23, 2026
JUDGMENT granting Petition for Writ of Habeas Corpus. (Signed by Deputy Clerk) (LAW) (Entered: 04/23/2026)
Main Document: Judgment - Prisoner
#9
Apr 23, 2026
MOTION to Set Aside Judgment by Attorney General U.S. ) U.S. Department of Justice. (Attachments: # 1 Exhibit A (Detention history))(Harwell, Lacy) (Entered: 04/23/2026)
Main Document: Set Aside Judgment
#10
Apr 24, 2026
ORDER denying the Federal Respondents' Motion for Relief from Judgment under Fed. R. Civ. P. 60 (Doc. 9). Signed by Judge Sheri Polster Chappell on 4/24/2026. (NMC)
Main Document: Order on Motion to Set Aside Judgment
#11
Apr 27, 2026
MOTION for Extension of Time to File Response/Reply by Eliezer Salgado Delgado. (Attachments: # 1 Mailing Envelope)(LF) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 05/02/2026)
Main Document: Extension of Time to File Response / Reply
May 04, 2026
Order on Motion for Extension of Time to File Response / Reply
#14
May 06, 2026
Proof of Service
Main Document: Proof of Service

Parties

Salgado Delgado
Party
Warden, Florida Soft Side South Detention Center
Party
Attorney
Firm