Middle District of Florida • 2:26-cv-02104

Fernandes v. Warden, Florida Soft Side South Detention Center (Collier)

Completed

Case Information

Filed: June 29, 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: July 14, 2026
Last Activity: July 15, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 29, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Leonardo Sanchez Fernandez. (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 29, 2026
MEMORANDUM in support re 1 Petition for Writ of Habeas Corpus filed by Leonardo Sanchez Fernandez. (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 07/01/2026)
Main Document: Memorandum in support
#3
Jun 29, 2026
MOTION to Proceed In Forma Pauperis by Leonardo Sanchez Fernandez. (Attachments: # 1 Mailing Envelope)(JTM) Motions referred to Magistrate Judge Kevin R. Huguelet. (Entered: 07/01/2026)
Main Document: Proceed In Forma Pauperis
#4
Jul 02, 2026
ENDORSED ORDER granting 3 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 7/2/2026. (TMA) (Entered: 07/02/2026)
#5
Jul 02, 2026
ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. Response to petition due by 7/9/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 7/2/2026. (CAW) (Entered: 07/02/2026)
Main Document: Order to Respond to Habeas Petition
Jul 02, 2026
Order on Motion to Proceed In Forma Pauperis
#6
Jul 07, 2026
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) (Entered: 07/07/2026)
Main Document: Notice of appearance
#7
Jul 09, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Attorney General. (Attachments: # 1 Exhibit A - I-213, # 2 Exhibit B - Conviction Records, # 3 Exhibit C - Notice to Appear, # 4 Exhibit D - Order of the Immigration Judge, # 5 Exhibit E - Detention History)(Saylor, Amanda) (Entered: 07/09/2026)
Main Document: Response to habeas petition
#8
Jul 09, 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: 07/09/2026)
Main Document: Dismiss
#9
Jul 10, 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 7/10/2026. (SAP) (Entered: 07/10/2026)
Jul 10, 2026
Order on Motion to Dismiss
#10
Jul 13, 2026
ORDER. Under 28 U.S.C. § 1631, this case is TRANSFERRED to the El Paso Division of the Western District of Texas for all further proceedings. The Clerk is DIRECTED to forward the file to that District, deny any motions as moot, terminate the deadlines, and close the Fort Myers file. Signed by Judge Sheri Polster Chappell on 7/13/2026. (SAP) (Entered: 07/13/2026)
Main Document: Order
#11
Jul 14, 2026
CASE ELECTRONICALLY TRANSFERRED to the Western District of Texas, El Paso Division. ***Case closed. (LMF) (Entered: 07/14/2026)
Jul 14, 2026
District Transfer Out
Jul 15, 2026
Acknowledgment - Transferred case has been opened in the Western District of Texas as case 3:26-cv-01905, filed 07/14/2026. (JNB)
Jul 15, 2026
Acknowledgment - Transferred Case Opened