Middle District of Florida • 2:26-cv-01821

#1

Jun 01, 2026

PETITION for Writ of Habeas Corpus - Federal filed by Luong Lazaro Duque Perez. (Attachments: # 1 Mailing Envelope)(LAW) (Entered: 06/04/2026)

#2

Jun 01, 2026

MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Luong Lazaro Duque Perez. (Attachments: # 1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/04/2026)

#3

Jun 05, 2026

ENDORSED ORDER granting 2 Petitioner's application to proceed without prepaying fees or costs. The court has reviewed the application submitted by Petitioner under 28 U.S.C. § 1915 and finds Petitioner qualifies to proceed in forma pauperis. Petitioner may proceed without paying the filing fee. Signed by Magistrate Judge Nicholas P. Mizell on 6/5/2026. (TLP) (Entered: 06/05/2026)

#4

Jun 05, 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 6/12/2026. Signed by Judge Sheri Polster Chappell on 6/5/2026. (TDC) (Entered: 06/05/2026)

Jun 05, 2026

Order on Motion to Proceed In Forma Pauperis

#5

Jun 09, 2026

Response to habeas petition

#6

Jun 11, 2026

Notice of appearance

#7

Jun 11, 2026

Dismiss

#8

Jun 15, 2026

ENDORSED ORDER denying Respondent Warden of South Florida Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 7). "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

#9

Jun 16, 2026

ENDORSED ORDER granting Luong Lazaro Duque Perez'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

#10

Jun 17, 2026

JUDGMENT entered Luong Lazaro Duque Perez's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. (Signed by Deputy Clerk) (JG) (Entered: 06/17/2026)