Middle District of Florida • 2:26-cv-01398

Reyes-Portela v. Florida Soft Side South (Collier County)

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 20, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 24, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, filed by Mario Sergio Reyes-Portela. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum) # 3 Exhibit) (kma). Case restricted pursuant to Federal Rule of Civil Procedure 5.2. [Transferred from flsd on 4/28/2026.] (Entered: 04/27/2026)
Main Document: APPLICATION/PETITION
#2
Apr 24, 2026
Judge Assignment to Judge Jacqueline Becerra (kma) [Transferred from flsd on 4/28/2026.] (Entered: 04/27/2026)
#3
Apr 24, 2026
Emergency Motion to Expedite Consideration of Petition of H.C. by Mario Sergio Reyes-Portela. Responses due by 5/8/2026. (kma) [Transferred from flsd on 4/28/2026.] (Entered: 04/27/2026)
Main Document: Emergency Motion
#4
Apr 24, 2026
Emergency Motion to Prevent Transfer of Petitioner by Mario Sergio Reyes-Portela. Responses due by 5/8/2026. (kma) [Transferred from flsd on 4/28/2026.] (Entered: 04/27/2026)
Main Document: Emergency Motion
#5
Apr 27, 2026
Clerk's Notice of Receipt of Filing Fee received on 4/24/2026 in the amount of $5.00, receipt number FLS316839. (jes) [Transferred from flsd on 4/28/2026.] (Entered: 04/27/2026)
Main Document: Clerk's
#6
Apr 27, 2026
MOTION to Change Venue, MOTION to Dismiss for Lack of Jurisdiction 1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Florida Soft Side South. Attorney Brittany B. Brock added to party Florida Soft Side South(pty:dft). Responses due by 5/11/2026. (Attachments: # 1 Exhibit List of Exhibits, # 2 Exhibit A - Detention History, # 3 Exhibit B - Detention Facilities)(Brock, Brittany) [Transferred from flsd on 4/28/2026.] (Entered: 04/27/2026)
Main Document: Change Venue / Transfer Case AND Dismiss / Lack of Jurisdiction
#7
Apr 27, 2026
ORDER TRANSFERRING VENUE. Closing Case. Signed by Judge Jacqueline Becerra on 4/27/2026. See attached document for full details. (gqa) [Transferred from flsd on 4/28/2026.] (Entered: 04/28/2026)
Main Document: Order Dismissing Case
#8
Apr 28, 2026
Case transferred in from District of Florida Southern; Case Number 1:26-cv-22908. File received electronically (Entered: 04/28/2026)
Main Document: Case Transferred In - District Transfer
#9
Apr 28, 2026
Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Chappell and Magistrate Judge Mizell. New Case Number: 2:26-cv-1398-SPC-NPM. (JNB) (Entered: 04/28/2026)
#10
Apr 28, 2026
NOTICE TO COUNSEL Brittany Brock of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JNB) (Entered: 04/28/2026)
#11
Apr 28, 2026
NOTICE TO COUNSEL Brittany Brock of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JNB) (Entered: 04/28/2026)
Apr 28, 2026
Notice to Counsel of Local Rule
Apr 28, 2026
District Transfer In
#12
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) (Entered: 04/29/2026)
Main Document: Order to Respond to Habeas Petition
#13
Apr 30, 2026
Notice of substitution of AUSA
Main Document: Notice of substitution of AUSA
#14
May 05, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Florida Soft Side South. (Attachments: # 1 Exhibit A)(Saylor, Amanda) (Entered: 05/05/2026)
Main Document: Response to habeas petition
#15
May 06, 2026
Notice of appearance
Main Document: Notice of appearance
#16
May 06, 2026
Notice of appearance
Main Document: Notice of appearance
#17
May 06, 2026
Dismiss
Main Document: Dismiss
#18
May 07, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 17). "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 5/7/2026. (SAP) (Entered: 05/07/2026)
May 07, 2026
Order on Motion to Dismiss
#21
May 13, 2026
Opinion and order
Main Document: Opinion and order
#22
May 13, 2026
Judgment
Main Document: Judgment
#23
May 15, 2026
Proof of Service
Main Document: Proof of Service
#24
May 20, 2026
Declaration
Main Document: Declaration
#25
May 20, 2026
Notice (Other)
Main Document: Notice (Other)

Parties

Florida Soft Side South (Collier County)
Party
Reyes-Portela
Party