Middle District of Florida • 2:26-cv-01461

#1

May 01, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24882529) filed by Daniel Sarmiento Serrano.(Edwards, Scott) (Entered: 05/01/2026)

#2

May 01, 2026

NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1461-SPC-NPM. (LMF) (Entered: 05/01/2026)

May 01, 2026

Case Assigned/Reassigned

#3

May 04, 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 5/11/2026. Signed by Judge Sheri Polster Chappell on 5/4/2026. (TDC) (Entered: 05/04/2026)

#4

May 08, 2026

NOTICE of supplemental authority re 1 Petition for Writ of Habeas Corpus by Daniel Sarmiento Serrano. (Attachments: # 1 Exhibit Supplemental Authority)(Edwards, Scott) (Entered: 05/08/2026)

#5

May 08, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Executive Office For Immigration Review, Immigration and Customs Enforcement, Todd Lyons, Markwayne Mullin, United States Department of Homeland Security.(Rudy, John) (Entered: 05/08/2026)

#6

May 11, 2026

NOTICE of Appearance and Designation of Lead Counsel by Nicholas John Peter Meros on behalf of Warden of the Florida Soft Side South (Meros, Nicholas) Modified on 5/11/2026 to edit docket text (MSN). (Entered: 05/11/2026)

#7

May 11, 2026

MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden of the Florida Soft Side South. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 05/11/2026)

#8

May 11, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South'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 5/11/2026. (SAP) (Entered: 05/11/2026)

May 11, 2026

Order on Motion to Dismiss

#9

May 15, 2026

OPINION AND ORDER. Daniel Sarmiento Serrano's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. Within ten days of this Opinion and Order, the respondents shall either (1) bring Sarmiento Serrano for an individualized bond hearing be fore an immigration judge or (2) release Sarmiento Serrano under reasonable conditions of supervision. If the respondents release Sarmiento Serrano, they shall facilitate his transportation from the detention facility by notifying his counsel when and where he may be collected. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close the case. Signed by Judge Sheri Polster Chappell on 5/15/2026. (SAP)

#10

May 15, 2026

JUDGMENT is entered granting Daniel Sarmiento Serrano's Petition for Writ of Habeas Corpus (Doc. 1). (Signed by Deputy Clerk) (ELA) (Entered: 05/15/2026)

#11

May 22, 2026

PROOF of service - Attorney General of the United States served on 5/11/2026. (TDC) (Entered: 05/26/2026)

#12

Jun 11, 2026

Enforce Judgment AND Miscellaneous Relief