Middle District of Florida • 2:26-cv-01334
Dieguez v. Warden of Alligator Alcatraz (Collier)
Completed
Case Information
Filed: April 24, 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: May 11, 2026
Last Activity:
May 15, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 24, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24841387) filed by Julio Cesar Dieguez. (Attachments: # 1 Exhibit A. Petitioner's Notice to Appear, # 2 Exhibit B. Court Records, # 3 Exhibit C. Removal Order, # 4 Exhibit D. BIA Decision, # 5 Exhibit E. Order of Supervision, # 6 Exhibit F. Marriage Record, # 7 Exhibit G. Birth Record, # 8 Exhibit H. Business Record, # 9 Exhibit I. Medical Record, # 10 Exhibit J. Motion to Reopen, # 11 Civil Cover Sheet JS-44)(Montanez, Felix) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1334-SPC-NPM. (LMF) (Entered: 04/24/2026)
Apr 24, 2026
Case Assigned/Reassigned
#3
Apr 28, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
#4
Apr 28, 2026
Notice of appearance
Main Document:
Notice of appearance
#5
May 04, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#6
May 04, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
May 04, 2026
Dismiss
Main Document:
Dismiss
#8
May 05, 2026
ENDORSED ORDER denying Respondent Warden of Alligator Alcatraz'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 5/5/2026. (SAP) (Entered: 05/05/2026)
May 05, 2026
Order on Motion to Dismiss
#10
May 11, 2026
Judgment
Main Document:
Judgment
#11
May 15, 2026
Proof of Service
Main Document:
Proof of Service
Parties
Dieguez
Party
Warden of Alligator Alcatraz (Collier)
Party