Middle District of Florida • 2:26-cv-01715

#1

May 20, 2026

Emergency PETITION for Writ of Habeas Corpus, Emergency MOTION for Immediate Release - Federal (Filing fee $ 5.00, receipt number 17668) filed by Do Quang Nhat. Chambers notified. (Attachments: # 1 Mailing Envelope)(LAW) (Entered: 05/20/2026)

#2

May 21, 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 5/28/2026. Signed by Judge Sheri Polster Chappell on 5/21/2026. (TDC) (Entered: 05/21/2026)

#3

May 27, 2026

Notice of appearance

#4

May 28, 2026

Dismiss

#5

May 28, 2026

Response to habeas petition

#6

May 28, 2026

ENDORSED ORDER denying Respondent Warden of South Florida Detention Facility'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 5/28/2026. (SAP) (Entered: 05/28/2026)

May 28, 2026

Order on Motion to Dismiss

#7

Jun 04, 2026

Opinion and order

#8

Jun 04, 2026

Judgment

#9

Jun 09, 2026

Proof of Service