Middle District of Florida • 2:26-cv-01403
Betancourt v. Warden, Alligator Alcatraz (Collier)
Active
Case Information
Filed: April 28, 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:
May 15, 2026
Parties:
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Docket Entries
#1
Apr 28, 2026
Verified PETITION for Writ of Habeas Corpus - federal (Filing fee $ 5 receipt number AFLMDC-24859939) filed by Justo Betancourt. (Attachments: # 1 Exhibit 1 - Order of Removal, # 2 Exhibit 2 - Administrative Stay Notice, # 3 Civil Cover Sheet)(Slater, James) (Entered: 04/28/2026)
#2
Apr 28, 2026
NOTICE of a related action per Local Rule 1.07(c) by Justo Betancourt. Related case(s): Yes (Slater, James) (Entered: 04/28/2026)
Main Document:
Notice of a Related Action
#3
Apr 28, 2026
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Justo Betancourt. (Slater, James)
Main Document:
Disclosure Statement - LR 3.03 and FRCP 7.1
#4
Apr 28, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1403-SPC-NPM. (LMF)
Apr 28, 2026
Case Assigned/Reassigned
#5
Apr 29, 2026
ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. The Petitioner has 3 days to reply to the response to petition. Response to petition due by 5/6/2026. Signed by Judge Sheri Polster Chappell on 4/29/2026. (TDC)
Main Document:
Order to Respond to Habeas Petition
#6
May 04, 2026
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Alligator Alcatraz (Meros, Nicholas)
Main Document:
Notice of appearance
#7
May 06, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Alligator Alcatraz. (Attachments: (1) Exhibit A, (2) Exhibit B)(Meros, Nicholas)
#8
May 06, 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 5/6/2026. (SAP)
#9
May 06, 2026
RESPONSE to [1] Petition for Writ of Habeas Corpus by Todd Blanche, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Todd M. Lyons, Markwayne Mullin. (Attachments: (1) Exhibit A, (2) Exhibit B)(Emden, Christopher)
Main Document:
Response to habeas petition
#10
May 06, 2026
NOTICE of a related action per Local Rule 1.07(c) by Todd Blanche, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Todd M. Lyons, Markwayne Mullin. Related case(s): Yes (Emden, Christopher)
Main Document:
Notice of a Related Action
May 06, 2026
Order on Motion to Dismiss
#11
May 07, 2026
REPLY re [9] Response to habeas petition by Justo Betancourt. (Haskell, Miriam)
Main Document:
Reply to response to petition
#12
May 08, 2026
ENDORSED ORDER. Before the Court is Petitioner Justo Betancourt's second Petition for Writ of Habeas Corpus. (Doc. 1). United States District Judge Kyle C. Dudek denied Betancourt's first petition and is thus familiar with the factual and procedural background of this case. Per Middle District of Florida Local Rule 1.07(a)(2)(A), this related, later-filed action is transferred to the Honorable Kyle C. Dudek, with his consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Kyle C. Dudek. Signed by Judge Sheri Polster Chappell on 5/8/2026. (NMC) (Entered: 05/08/2026)
Main Document:
Order Reassigning Case to Another Judge w/in Division
May 08, 2026
Order Reassigning Case to Another Judge w/in Division
#10
May 11, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Todd M. Lyons, Markwayne Mullin, Garrett J. Ripa. (Attachments: # 1 Composite Exhibit 1)(Howard-Allen, Kelley) (Entered: 05/11/2026)
Main Document:
RESPONSE
#13
May 11, 2026
Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-1403-KCD-NPM. Judge Sheri Polster Chappell no longer assigned to the case. (LF)
May 11, 2026
Case Assigned/Reassigned
#11
May 12, 2026
PROOF of service - Attorney General served on 05/04/2026. (LJC) (Entered: 05/12/2026)
Main Document:
PROOF
#14
May 13, 2026
ORDER granting [1] Petition for Writ of Habeas Corpus, filed by Justo Betancourt. Respondents are ordered to RELEASE Petitioner Justo Betancourt from custody within 48 hours of this Order under the prior conditions of supervision, which Petitioner must continue to comply with. Respondents shall facilitate his transportation from the detention facility by notifying his counsel when and where he can be collected. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by District Judge Kyle C. Dudek on 5/13/2026. (CGW)
#15
May 14, 2026
JUDGMENT entered granting Petition for Writ of Habeas Corpus. Signed by Deputy Clerk (LD)
Main Document:
Judgment
#16
May 15, 2026
PROOF of service - Attorney General of the United States served on 5/7/2026. (TDC)
Main Document:
Proof of Service
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