Middle District of Florida • 2:26-cv-01521
Cruz v. Warden of Alligator Alcatraz (Collier)
Active
Case Information
Filed: May 06, 2026
Assigned to:
Sheri Polster Chappell
Referred to:
Kevin R. Huguelet
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
June 01, 2026
Parties:
View All Parties →
Docket Entries
#1
May 06, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-24906365) filed by Yosmanis Cruz. (Attachments: # 1 Exhibit A. State Court Records, # 2 Exhibit B. EOIR Case Notes, # 3 Exhibit C. Order of Supervision, # 4 Exhibit D. Birth Certificates, # 5 Civil Cover Sheet JS-44)(Montanez, Felix) (Entered: 05/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 06, 2026
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kevin R. Huguelet. New case number: 2:26-cv-1521-SPC-KRH. (LMF) (Entered: 05/06/2026)
May 06, 2026
Case Assigned/Reassigned
#3
May 07, 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 5/14/2026. Signed by Judge Sheri Polster Chappell on 5/7/2026. (TDC) (Entered: 05/07/2026)
Main Document:
Order to Respond to Habeas Petition
#4
May 07, 2026
NOTICE of Appearance by Martin Beguiristain on behalf of Yosmanis Cruz (Beguiristain, Martin) (Entered: 05/07/2026)
Main Document:
Notice of appearance
#5
May 13, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
May 14, 2026
Dismiss
Main Document:
Dismiss
#7
May 15, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#8
May 15, 2026
ENDORSED ORDER denying Respondent Warden of Alligator Alcatraz's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 6). "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 5/15/2026. (SAP) (Entered: 05/15/2026)
May 15, 2026
Order on Motion to Dismiss
#9
May 18, 2026
Reply to response to petition
Main Document:
Reply to response to petition
#11
May 26, 2026
Proof of Service
Main Document:
Proof of Service
#12
May 28, 2026
Reconsideration / Clarification
Main Document:
Reconsideration / Clarification
#14
Jun 01, 2026
Judgment
Main Document:
Judgment
Parties
Cruz
Party
Warden of Alligator Alcatraz (Collier)
Party