Carbonell v. Ice Field Office Director (Collier County)
| Javier Carbonell |
| Ice Field Office Director, Warden, South Side Detention Facility and U.S. Attorney General |
| 2:2026cv00890 |
| March 26, 2026 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Douglas N Frazier |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on May 13, 2026. A more recent docket listing may be available from PACER.
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Filing 16
JUDGMENT is entered and Javier Carbonell's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. Signed by Deputy Clerk on 5/13/2026. (AM)
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Filing 15
OPINION AND ORDER. Javier Carbonell's Petition for Writ of Habeas Corpus (Doc. #1) is GRANTED. The respondents shall release Carbonell within 24 hours of this Order, and they shall give him telephone access so he may arrange transportation from the facility. The Clerk is DIRECTED to terminate the pending motions and deadlines as moot, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 5/11/2026. (SAP)
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Filing 14
MOTION for Miscellaneous Relief, specifically Clarification of Court Order (Doc. 12) by Ice Field Office Director, U.S. Attorney General. (Harwell, Lacy) Motions referred to Magistrate Judge Douglas N. Frazier.
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Filing 13
Notice of substitution of AUSA. Lacy R. Harwell, Jr substituting for AUSA Kevin Huguelet. (Harwell, Lacy)
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Filing 12
OPINION AND ORDER. Khalid Carbonell's Petition for Writ of Habeas Corpus (Doc. #1) remains under advisement. Within 30 days of this Order, ICE shall conduct a custody review to determine whether Carbonell poses a danger to the community sufficient to justify continued detention. Within seven days of the custody review, the respondents shall file a supplemental response, addressing the results of the review and any updates on removal efforts. Carbonell may file a reply within three days of the supplemental response. Signed by Judge Sheri Polster Chappell on 4/14/2026. (SAP)
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Filing 11
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South'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 4/6/2026. (SAP)
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Filing 10
RESPONSE to #1 Petition for Writ of Habeas Corpus by Ice Field Office Director, U.S. Attorney General. (Attachments: #1 Exhibit I-213, #2 Exhibit Detention History, #3 Exhibit OSUP Revo, #4 Exhibit Notice of Removal)(Huguelet, Kevin)
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Filing 9
MOTION to Dismiss Petition for Writ of Habeas Corpus by Warden, South Side Detention Facility. (Attachments: #1 Exhibit A, #2 Exhibit B)(Meros, Nicholas) Motions referred to Magistrate Judge Douglas N. Frazier.
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Filing 8
NOTICE of Appearance by Emma Genevieve Refuveille on behalf of Warden, South Side Detention Facility (Refuveille, Emma)
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Filing 7
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, South Side Detention Facility (Meros, Nicholas)
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Filing 6
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 4/3/2026. The Petitioner has 3 days to reply to the response to petition. Signed by Judge Sheri Polster Chappell on 3/27/2026. (CAW)
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Filing 5
Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Chappell and Magistrate Judge Frazier. New Case Number: 2:26-cv-890-SPC-DNF. (JNB)
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Filing 4
Case transferred in from District of Florida Southern; Case Number 1:26-cv-21976. File received electronically
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Filing 3
ORDER: For the reasons set forth above, the Clerk of Court is DIRECTED to TRANSFER this action to the Middle District of Florida, Fort Myers Division. See M.D. Fla. L.R. 1.04(a) (providing that the Fort Myers Division comprises Collier County). The Clerk is further DIRECTED to forward the file to that Court and CLOSE this case. Closing Case. Signed by Judge David S. Leibowitz on 3/26/2026. See attached document for full details. (wce) [Transferred from flsd on 3/26/2026.]
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Filing 2
Judge Assignment to Judge David S. Leibowitz. (amb) [Transferred from flsd on 3/26/2026.]
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Filing 1
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee: Fee Not Paid/ No IFP filed, filed by Javier Carbonell.(amb) [Transferred from flsd on 3/26/2026.]
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