Middle District of Florida • 2:26-cv-01856

Mendez Breijo v. Warden, Florida Soft Side South Detention Center

Completed

Case Information

Filed: June 03, 2026
Assigned to: Kyle C. Dudek
Referred to: Nicolas P. Mizell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: June 22, 2026
Last Activity: June 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 03, 2026
PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5, receipt number 17725) filed by Leodan Mendez Breijo. (Attachments: # 1 Exhibits, # 2 Mailing Envelope)(ABM) (Entered: 06/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 04, 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 6/11/2026. Signed by Judge Sheri Polster Chappell on 6/4/2026. (TDC) (Entered: 06/04/2026)
Main Document: Order to Respond to Habeas Petition
#3
Jun 11, 2026
Response to habeas petition
Main Document: Response to habeas petition
#4
Jun 11, 2026
Notice of Lead Counsel Designation
Main Document: Notice of Lead Counsel Designation
#5
Jun 11, 2026
Dismiss
Main Document: Dismiss
#6
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. 5). "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
#7
Jun 17, 2026
ENDORSED ORDER. Before the Court is Petitioner Leodan Mendez Breijo's second Petition for Writ of Habeas Corpus (Doc. 1). United States District Judge Kyle C. Dudek denied Mendez Breijo's first petition and is thus familiar with the factual and procedural background of this case. Per Middle District of Florida Local Rule 1.07(a)(2)(A), this related, later-filed action is transferred to the Honorable Kyle C. Dudek, with his consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Kyle C. Dudek. Signed by Judge Sheri Polster Chappell on 6/17/2026. (NMC) (Entered: 06/17/2026)
#8
Jun 17, 2026
Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-1856-KCD-NPM. Judge Sheri Polster Chappell no longer assigned to the case. (LF) (Entered: 06/18/2026)
Jun 17, 2026
Order Reassigning Case to Another Judge w/in Division
Jun 18, 2026
Case Assigned/Reassigned
#9
Jun 22, 2026
Order
Main Document: Order
#10
Jun 25, 2026
Reply to response to petition
Main Document: Reply to response to petition

Parties

Mendez Breijo
Party
Warden, Florida Soft Side South Detention Center
Party