Middle District of Florida • 2:26-cv-01810

#1

Jun 02, 2026

Petition for Writ of Habeas Corpus

#2

Jun 02, 2026

Proceed In Forma Pauperis

#3

Jun 02, 2026

ENDORSED ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 6/2/2026. (BRH) (Entered: 06/02/2026)

Jun 02, 2026

Order on Motion to Proceed In Forma Pauperis

#4

Jun 03, 2026

Order to Respond to Habeas Petition

#5

Jun 10, 2026

Response to habeas petition

#6

Jun 10, 2026

Notice of appearance

#7

Jun 10, 2026

Notice of appearance

#8

Jun 10, 2026

Dismiss

#9

Jun 15, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 8). "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 6/15/2026. (SAP) (Entered: 06/15/2026)

Jun 15, 2026

Order on Motion to Dismiss

#10

Jun 16, 2026

ENDORSED ORDER granting Jose Montel Fernandez'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, 175 F.4th 1258 (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 6/16/2026. (NMC) (Entered: 06/16/2026)

Jun 16, 2026

Opinion and order AND Order Dismissing Case

#11

Jun 17, 2026

JUDGMENT: Pursuant to this Court's Order, entered June 11, 2026, Jose Montel Fernandez's Petition for Writ of Habeas Corpus is granted. (Signed by Deputy Clerk). (BD) (Main Document 11 replaced on 6/17/2026 with correct attachment) (BD). Modified on 6/17/2026 to regenerate NEF (BD). (Entered: 06/17/2026)

#12

Jun 17, 2026

ENTERED IN ERROR *** (BD) Modified text and regenerated NEF on 6/17/2026 (BD). (Entered: 06/17/2026)

Jun 17, 2026

Judgment