Middle District of Florida • 2:26-cv-01469

Aleman-Diaz v. Warden, Florida Soft Side Det. Facility (Collier County)

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Case Information

Filed: May 01, 2026
Assigned to: Sheri Polster Chappell
Referred to: Douglas N. Frazier
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
May 01, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Julio Aleman-Diaz. (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 05/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 01, 2026
MOTION to Proceed In Forma Pauperis by Julio Aleman-Diaz. (JTM) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/04/2026)
Main Document: Proceed In Forma Pauperis
#3
May 04, 2026
ENDORSED ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Douglas N. Frazier on 5/4/2026. (BRH) (Entered: 05/04/2026)
May 04, 2026
Order on Motion to Proceed In Forma Pauperis
#4
May 05, 2026
ORDER to show cause why Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) should not be granted. The Clerk of Court is DIRECTED to send a copy of this Order, the Petition, with exhibits (Doc. 1) electronically to the United States Attorney's Office in Tampa, Florida (USAFLM.Alcatraz@usdoj.gov) and by certified mail to the Attorney General of the United States in Washington, D.C (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington DC 20530-0001). Petitioner is also directed to serve this order on Respondents by 5/12/2026, and file proof of service. Petitioner does not need to obtain a summons to do so. Respondents are DIRECTED to Show Cause by 5/25/2026. Signed by District Judge Kyle C. Dudek on 5/5/2026. (CGW) (Entered: 05/05/2026)
Main Document: Order to show cause
#5
May 22, 2026
NOTICE of Appearance by Emma Genevieve Refuveille on behalf of Warden, Florida Soft Side Det. Facility (Refuveille, Emma) (Entered: 05/22/2026)
Main Document: Notice of appearance
#6
May 22, 2026
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side Det. Facility (Meros, Nicholas) (Entered: 05/22/2026)
Main Document: Notice of appearance
#7
May 25, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side Det. Facility. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 05/25/2026)
Main Document: Dismiss
#8
May 26, 2026
ENDORSED ORDER denying 7 Respondent Warden's Motion to Dismiss Petition for Writ of Habeas Corpus for the reasons set forth in Jimenez v. Mordant, No. 2:26-cv-451-KCD-NPM, 2026 WL 820536 (M.D. Fla. Mar. 25, 2026). Petitioner seeks, among other relief, immediate release from custody. As the immediate custodian of Petitioner, Warden is a proper respondent to his habeas petition. Signed by District Judge Kyle C. Dudek on 5/26/2026. (Dudek, Kyle) (Entered: 05/26/2026)
May 26, 2026
Order on Motion to Dismiss
#9
May 27, 2026
ENDORSED ORDER. Respondent United States Attorney General was required to respond to this Court's Show Cause Order by May 25, 2026, (Doc. 4), but has failed to do so. By May 29, 2026, Respondent shall show cause why this Order has not been complied with. This Order may alternatively be discharged by responding to the Petition for Writ of Habeas Corpus. (Doc. 1.) Signed by District Judge Kyle C. Dudek on 5/27/2026. (VCG) (Entered: 05/27/2026)
#10
May 27, 2026
ENDORSED ORDER directing the Clerk to email the order at Doc. 9 to USAFLM.Alcatraz@usdoj.gov. Signed by District Judge Kyle C. Dudek on 5/27/2026. (BLW) (Entered: 05/27/2026)
May 27, 2026
Order
#11
May 29, 2026
NOTICE of a related action per Local Rule 1.07(c) by Attorney General of the United States. Related case(s): Yes (Spraker, Chad) (Entered: 05/29/2026)
Main Document: Notice of a Related Action
#12
May 29, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Attorney General of the United States. (Attachments: # 1 Exhibit 1_Composite Exhibit, # 2 Exhibit 2_Fondeur Declaration)(Spraker, Chad) (Entered: 05/29/2026)
Main Document: Response to habeas petition
#13
Jun 01, 2026
ENDORSED ORDER. Before the Court is Petitioner Julio Aleman-Diaz's Second Petition for Writ of Habeas Corpus. (Doc. 1). United States District Sheri Polster Chappell denied Petitioner'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 Sheri Polster Chappell, with her consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Sheri Polster Chappell. Signed by District Judge Kyle C. Dudek on 6/1/2026. (BLW) (Entered: 06/01/2026)
#14
Jun 01, 2026
PROOF of service - Attorney General US served on 5/18/2026. (CTR) (Entered: 06/01/2026)
Main Document: Proof of Service
#15
Jun 01, 2026
Case Reassigned to Judge Sheri Polster Chappell. New case number: 2:26-cv-1469-SPC-DNF. District Judge Kyle C. Dudek no longer assigned to the case. (LF) (Entered: 06/01/2026)
Jun 01, 2026
Case Assigned/Reassigned
Jun 01, 2026
Order
#16
Jun 02, 2026
OPINION AND ORDER. Julio Aleman-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 Aleman-Diaz poses a danger to the community sufficient to justify continued detention. Within seven days of the custody review, the respondents shall file a supplemental response, addressing the results of the review and any updates on removal efforts. Aleman-Diaz may file a reply within three days of the supplemental response. Signed by Judge Sheri Polster Chappell on 6/2/2026. (SAP)
Main Document: Opinion and order
#17
Jun 08, 2026
RESPONSE re 16 Opinion and order filed by Julio Aleman-Diaz. (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 06/10/2026)
Main Document: Response
#18
Jun 22, 2026
NOTICE of change of address to Glades Detention Center and Note to Judge by Julio Aleman-Diaz (Attachments: # 1 Mailing Envelope)(MA) (Entered: 06/22/2026)
Main Document: Notice of change of address
#19
Jul 01, 2026
Reconsideration / Clarification
Main Document: Reconsideration / Clarification
#20
Jul 02, 2026
OPINION AND ORDER. Julio Aleman-Diaz's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. The respondents shall release Aleman-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 7/2/2026. (SAP)
Main Document: Opinion and order
#21
Jul 06, 2026
Judgment
Main Document: Judgment
#23
Sep 04, 2026
Notice of Appeal
Main Document: Notice of Appeal
#24
Sep 08, 2026
Transmittal of Initial Appeal Package
Main Document: Transmittal of Initial Appeal Package
Sep 10, 2026
USCA Case Number