MBacke v. Warden, Florida Soft Side South Detention Center et al (Collier County)
| Fallou MBacke |
| Warden, Florida Soft Side South Detention Center and US Attorney General |
| 2:2026cv01863 |
| June 3, 2026 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kevin R Huguelet |
| 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 June 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 10 JUDGMENT granting petition for writ of habeas corpus (Signed by Deputy Clerk) (ARL) |
Filing 9
ENDORSED ORDER granting Fallou MBacke's 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 6/17/2026. (NMC)
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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 6/15/2026. (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) |
| Filing 6 NOTICE of Appearance and Designation of Lead Counsel by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) Modified text on 6/11/2026 (BD). |
| Filing 5 RESPONSE to #1 Petition for Writ of Habeas Corpus by US Attorney General. (Attachments: #1 Exhibit)(Flynn, Conor) |
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Filing 4
ENDORSED ORDER granting #2 Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 6/5/2026. (TMA)
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Filing 3
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 6/12/2026. Signed by Judge Sheri Polster Chappell on 6/5/2026. (TDC)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Fallou MBacke. (Attachments: #1 Mailing Envelope)(MA) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 1 PETITION for Writ of Habeas Corpus - Federal filed by Fallou MBacke. (Attachments: #1 Mailing Envelope)(MA) |
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