Middle District of Florida • 2:26-cv-01129

#1

Apr 13, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number FTM-17520) filed by Juan Carlos Carmona Diaz. (Attachments: # 1 Exhibit, # 2 Mailing Envelope)(LMF) (Entered: 04/15/2026)

#2

Apr 16, 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 4/23/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 4/16/2026. (CAW) (Entered: 04/16/2026)

#3

Apr 22, 2026

NOTICE of Appearance and Designation of Lead Counsel by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) Modified text on 4/23/2026 (BD). (Entered: 04/22/2026)

#4

Apr 23, 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) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/23/2026)

#5

Apr 23, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Attorney General. (Attachments: # 1 Exhibit A)(Emden, Christopher) (Entered: 04/23/2026)

#6

Apr 29, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 4). "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 4/29/2026. (SAP) (Entered: 04/29/2026)

#7

Apr 29, 2026

OPINION AND ORDER. Juan Carlos Carmona Diaz'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 Carmona Diaz poses a danger to the co mmunity sufficient to justify continued detention. Within seven days of the custody review, the government shall file a supplemental response, addressing the results of the review and any updates on removal efforts. Carmona Diaz may file a reply within three days of the supplemental response. Signed by Judge Sheri Polster Chappell on 4/29/2026. (SAP)

Apr 29, 2026

Order on Motion to Dismiss

#8

May 01, 2026

MOTION for Miscellaneous Relief, specifically for Clarification by U.S. Attorney General. (Emden, Christopher) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/01/2026)

#10

May 04, 2026

OPINION AND ORDER. Juan Carlos Carmona Diaz's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. The respondents shall release Carmona Diaz within 24 hours of this Order, and they shall give him telephone access so he may arrange transportation from the facility. 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 5/4/2026. (SAP)

#11

May 06, 2026

Judgment

#12

May 06, 2026

Proof of Service