Middle District of Florida • 2:26-cv-01536

#1

May 08, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5, receipt number 17611) filed by Charles Rafael Fernandez Ospino. (Attachments: # 1 Exhibits, # 2 Mailing Envelope)(ABM) (Entered: 05/11/2026)

#2

May 12, 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 5/19/2026. Signed by Judge Sheri Polster Chappell on 5/12/2026. (TDC) (Entered: 05/12/2026)

#3

May 19, 2026

Notice of appearance

#4

May 19, 2026

Dismiss

#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 26, 2026

Proof of Service