Middle District of Florida • 2:26-cv-01980
Hernandez Iianes v. Warden, Florida Soft Side South Detention Center (Collier County)
Active
Case Information
Filed: June 12, 2026
Assigned to:
Sheri Polster Chappell
Referred to:
Nicolas P. Mizell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
June 25, 2026
Parties:
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Docket Entries
#1
Jun 12, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Yosiel Hernandez Iianes. (Attachments: # 1 Mailing Envelope)(ABM) (Main Document 1 replaced on 6/15/2026) (ABM). (Entered: 06/12/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 12, 2026
MOTION to Proceed In Forma Pauperis by Yosiel Hernandez Iianes. (Attachments: # 1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. (Main Document 2 replaced on 6/15/2026) (ABM). (Entered: 06/12/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jun 15, 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 6/15/2026. (RCD) (Entered: 06/15/2026)
#4
Jun 15, 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 6/22/2026. Signed by Judge Sheri Polster Chappell on 6/15/2026. (TDC) (Entered: 06/15/2026)
Main Document:
Order to Respond to Habeas Petition
Jun 15, 2026
Order on Motion to Proceed In Forma Pauperis
#5
Jun 20, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Jun 20, 2026
Notice of appearance
Main Document:
Notice of appearance
#7
Jun 22, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#8
Jun 22, 2026
Notice of a Related Action
Main Document:
Notice of a Related Action
#9
Jun 22, 2026
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South Detention Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meros, Nicholas) (Entered: 06/22/2026)
Main Document:
Dismiss
#10
Jun 23, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 9). "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 6/23/2026. (SAP) (Entered: 06/23/2026)
#11
Jun 23, 2026
ENDORSED ORDER granting Yosiel Hernandez Llanes' 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 6/23/2026. (NMC) (Entered: 06/23/2026)
Jun 23, 2026
Opinion and order AND Order Dismissing Case
Jun 23, 2026
Order on Motion to Dismiss
#12
Jun 25, 2026
Judgment - Prisoner
Main Document:
Judgment - Prisoner
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