Middle District of Florida • 2:26-cv-01257

#1

Apr 20, 2026

PETITION for Writ of Habeas Corpus - Federal filed by Frank Benitez-Garrido. (Attachments: # 1 Mailing Envelope)(JTM) (Main Document 1 replaced on 4/27/2026) (JTM). (Entered: 04/23/2026)

#2

Apr 20, 2026

MOTION to Proceed In Forma Pauperis by Frank Benitez-Garrido. (Attachments: # 1 Mailing Envelope)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/23/2026)

#3

Apr 24, 2026

ENDORSED ORDER granting the petitioner's request to proceed in forma pauperis (Doc. 2). Signed by Magistrate Judge Nicholas P. Mizell on 4/24/2026. (NMC) (Entered: 04/24/2026)

Apr 24, 2026

Order on Motion to Proceed In Forma Pauperis

#4

Apr 28, 2026

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 5/5/2026. Signed by Judge Sheri Polster Chappell on 4/28/2026. (TDC) (Entered: 04/28/2026)

#5

May 04, 2026

NOTICE of Appearance and Designation of Lead Counsel by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South (Meros, Nicholas) Modified on 5/5/2026 as to docket text (LJC). (Entered: 05/04/2026)

#6

May 04, 2026

MOTION to Dismiss 1 Petition for Writ of Habeas Corpus by Warden, Florida Soft Side South. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Meros, Nicholas) Modified on 5/5/2026 as to docket text (LJC). (Entered: 05/04/2026)

#7

May 05, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South'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 5/5/2026. (SAP) (Entered: 05/05/2026)

#8

May 05, 2026

NOTICE of a related action per Local Rule 1.07(c) by Attorney General of the United States. Related case(s): Yes (Attachments: # 1 Exhibit A - Detention History)(Saylor, Amanda) (Entered: 05/05/2026)

#9

May 05, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus and Motion to Dismiss Petition by Attorney General of the United States. (Attachments: # 1 Exhibit A)(Saylor, Amanda) (Entered: 05/05/2026)

May 05, 2026

Order on Motion to Dismiss

#10

May 14, 2026

PROOF of service - Attorney General of the United States served on 5/5/2026. (TDC) (Entered: 05/15/2026)

#11

May 22, 2026

OPINION AND ORDER. Frank Benitez-Garrido'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 Benitez-Garrido 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. If ICE determines continued detention is appropriate, the respondents must explain why. Benitez-Garrido may file a reply within three days of the supplemental response. Signed by Judge Sheri Polster Chappell on 5/22/2026. (SAP) (Entered: 05/22/2026)

#12

Jun 10, 2026

MOTION for Clarification re 11 Opinion and order by Attorney General of the United States. (Saylor, Amanda) (Entered: 06/10/2026)

#13

Aug 03, 2026

OPINION AND ORDER. The respondents shall release Benitez-Garrido 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 8/3/2026. (NMC) (Entered: 08/03/2026)

#14

Aug 03, 2026

JUDGMENT Frank Benitez-Garrido's Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED. (Signed by Deputy Clerk) (LJC) (Entered: 08/03/2026)

#16

Oct 02, 2026

NOTICE OF APPEAL as to 13 Opinion and order Order Dismissing Case, 14 Judgment - Prisoner by Attorney General of the United States. Filing fee not paid. (Saylor, Amanda) (Entered: 10/02/2026)

#17

Oct 05, 2026

TRANSMITTAL of initial appeal package to the U.S. Court of Appeals - 11th Circuit re 16 Notice of Appeal. Filing fee not paid. (JVC) (Entered: 10/05/2026)

Oct 08, 2026

USCA Case Number