Francisco v. Warden, Florida Soft Side South Detention Center et al
| Oses Francisco |
| Warden, Florida Soft Side South Detention Center and US Attorney General |
| 2:2026cv01326 |
| April 23, 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. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on May 14, 2026. A more recent docket listing may be available from PACER.
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Filing 11
PROOF of service - Attorney General of the United States served on 5/5/2026. (TDC)
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Filing 10
JUDGMENT granting Oses Francisco's Petition for Writ of Habeas Corpus. Signed by Deputy Clerk (LD)
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Filing 9
OPINION AND ORDER. Oses Francisco's Petition for Writ of Habeas Corpus (Doc. #1) is GRANTED. The respondents shall release Francisco within 24 hours of this Order, and they shall facilitate his transportation from the facility by notifying his counsel when and where he can be collected. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 5/8/2026. (SAP)
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Filing 8
ENDORSED ORDER denying Respondent Warden of Florida Soft Side South 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 5/5/2026. (SAP)
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Filing 7
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) Motions referred to Magistrate Judge Douglas N. Frazier.
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Filing 6
NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas)
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Filing 5
RESPONSE to #1 Petition for Writ of Habeas Corpus by US Attorney General. (Attachments: #1 Exhibit A)(Emden, Christopher)
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Filing 4
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 5/4/2026. Signed by Judge Sheri Polster Chappell on 4/27/2026. (TDC)
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Filing 3
ENDORSED ORDER granting #2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Douglas N. Frazier on 4/24/2026. (BRH)
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Filing 2
MOTION to Proceed In Forma Pauperis by Oses Francisco. (Attachments: #1 Mailing Envelope)(ABM) Motions referred to Magistrate Judge Douglas N. Frazier.
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Filing 1
PETITION for Writ of Habeas Corpus - Federal filed by Oses Francisco. (Attachments: #1 Mailing Envelope)(ABM)
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