Middle District of Florida • 2:26-cv-01556

#1

May 08, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5, receipt number 17614) filed by Brayan Alexis Argueta Argueta. (Attachments: # 1 Exhibits)(ABM) (Entered: 05/11/2026)

#2

May 12, 2026

Order to Respond to Habeas Petition

#3

May 19, 2026

NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) (Entered: 05/19/2026)

#4

May 19, 2026

MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 05/19/2026)

#5

May 19, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 4). "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 5/19/2026. (SAP) (Entered: 05/19/2026)

#6

May 19, 2026

Response to habeas petition

May 19, 2026

Order on Motion to Dismiss

#7

May 20, 2026

ENDORSED ORDER granting Brayan Alexis Argueta Argueta's Petition for Writ of Habeas Corpus (Doc. 1). The Government concedes the petitioner is entitled to a bond hearing based upon the Eleventh Circuit's opinion in Hernandez Alvarez v. Warden, --- F.4th ---, 2026 WL 1243395 (11th Cir. 2026). The Court orders the Respondents to bring Petitioner before an immigration judge for an individualized bond hearing within ten days of the date of this Order. The hearing must include--and the resulting order must reflect--consideration of the factors set forth in In re Guerra, 24 I. & N. Dec. 37 (BIA 2006), and the government must bear the burden of proof. If Respondents are unable to ensure Petitioner receives a bond hearing that complies with this Order within ten days, they must release him under reasonable conditions of supervision. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close the case Signed by Judge Sheri Polster Chappell on 5/20/2026. (NMC) (Entered: 05/20/2026)

May 20, 2026

Opinion and order AND Order Dismissing Case

#8

May 21, 2026

JUDGMENT Brayan Alexis Argueta Argueta's Petition for Writ of Habeas Corpus is granted. ( Signed by Deputy Clerk) (MLB) (Entered: 05/21/2026)