Middle District of Florida • 2:26-cv-01575
Roche v. Warden, South Florida Detention Facility
Active
Case Information
Filed: May 11, 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:
August 28, 2026
Parties:
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Docket Entries
#1
May 11, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Rogelio Roche. (Attachments: # 1 Mailing Envelope)(LAW) (Entered: 05/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 11, 2026
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Rogelio Roche. (Attachments: # 1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Kevin R. Huguelet. (Entered: 05/13/2026)
Main Document:
Proceed In Forma Pauperis
#3
May 14, 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 5/21/2026. Signed by Judge Sheri Polster Chappell on 5/14/2026. (TDC) (Entered: 05/14/2026)
Main Document:
Order to Respond to Habeas Petition
#4
May 14, 2026
ENDORSED ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 5/14/2026. (BRH) (Entered: 05/14/2026)
May 14, 2026
Order on Motion to Proceed In Forma Pauperis
#5
May 18, 2026
AMENDED PETITION by a Federal prisoner for writ of habeas corpus filed by Rogelio Roche. (Attachments: # 1 Mailing Envelope)(LAW) (Entered: 05/20/2026)
Main Document:
Amended petition for writ of habeas corpus
#6
May 18, 2026
Amended MEMORANDUM in support re 5 Amended petition for writ of habeas corpus filed by Rogelio Roche. (Attachments: # 1 Mailing Envelope)(LAW) (Entered: 05/20/2026)
Main Document:
Memorandum in support
#7
May 18, 2026
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Rogelio Roche. (Attachments: # 1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Kevin R. Huguelet. (Entered: 05/20/2026)
Main Document:
Proceed In Forma Pauperis
#8
May 20, 2026
ENDORSED ORDER granting 7 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 5/20/2026. (BRH) (Entered: 05/20/2026)
May 20, 2026
Order on Motion to Proceed In Forma Pauperis
#9
May 21, 2026
NOTICE of Appearance by Emma Genevieve Refuveille on behalf of Warden, South Florida Detention Facility (Refuveille, Emma) (Entered: 05/21/2026)
Main Document:
Notice of appearance
#10
May 21, 2026
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, South Florida Detention Facility (Meros, Nicholas) (Entered: 05/21/2026)
Main Document:
Notice of appearance
#11
May 21, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Attorney General. (Attachments: # 1 Composite Exhibit A)(Tapie, Carolyn) (Entered: 05/21/2026)
Main Document:
Response to habeas petition
#12
May 21, 2026
MOTION to Dismiss Amended Petition for Writ of Habeas Corpus by Warden, South Florida Detention Facility. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 05/21/2026)
Main Document:
Dismiss
#13
May 22, 2026
ENDORSED ORDER denying Respondent Warden of South Florida Detention Facility's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 12). "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 5/22/2026. (SAP) (Entered: 05/22/2026)
May 22, 2026
Order on Motion to Dismiss
#14
Jun 02, 2026
Proof of Service
Main Document:
Proof of Service
Aug 28, 2026
Order
Parties
Roche
Party
Warden, South Florida Detention Facility
Party