Middle District of Florida • 2:26-cv-02012
Licno v. Warden, Florida Soft Side South Detention Center (Collier)
Completed
Case Information
Filed: June 15, 2026
Assigned to:
Sheri Polster Chappell
Referred to:
Kevin R. Huguelet
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: June 25, 2026
Last Activity:
June 25, 2026
Parties:
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Docket Entries
#1
Jun 16, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 16, 2026
Proceed In Forma Pauperis
Main Document:
Proceed In Forma Pauperis
#3
Jun 16, 2026
ENDORSED ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 6/16/2026. (BRH) (Entered: 06/16/2026)
Jun 16, 2026
Order on Motion to Proceed In Forma Pauperis
#4
Jun 17, 2026
Order to Respond to Habeas Petition
Main Document:
Order to Respond to Habeas Petition
#5
Jun 22, 2026
Notice of appearance
Main Document:
Notice of appearance
#6
Jun 22, 2026
Dismiss
Main Document:
Dismiss
#7
Jun 22, 2026
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 6). "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 6/22/2026. (SAP) (Entered: 06/22/2026)
Jun 22, 2026
Order on Motion to Dismiss
#8
Jun 23, 2026
Response to habeas petition
Main Document:
Response to habeas petition
#9
Jun 24, 2026
ENDORSED ORDER. Tilus Linco constructively filed a petition for a writ of habeas corpus (Doc. 1) on 6/7/2026, to challenge the legality of his immigration detention. Immigration and Customs Enforcement removed Linco from the United States on 6/11/2026. The Eleventh Circuit has held that a challenge to immigration detention becomes moot if the petitioner is subsequently deported. Salmeron-Salmeron v. Spivey, 926 F.3d 1283, 1290 (11th Cir. 2019). Accordingly, this action is DISMISSED as moot. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 6/24/2026. (NMC) (Entered: 06/24/2026)
Jun 24, 2026
Opinion and order AND Order Dismissing Case
#10
Jun 25, 2026
JUDGMENT that this action is DISMISSED as moot. (Signed by Deputy Clerk) (JOS) (Entered: 06/25/2026)
Main Document:
Judgment - Prisoner
Parties
Licno
Party
Warden, Florida Soft Side South Detention Center (Collier)
Party