Middle District of Florida • 2:26-cv-01872

#1

Jun 04, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5 receipt number AFLMDC-25064722) filed by Venancio Bernabe Cinto Bautista. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Table of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Burgos, Alice) (Entered: 06/04/2026)

#2

Jun 05, 2026

NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1872-SPC-NPM. (MSN) (Entered: 06/05/2026)

#3

Jun 05, 2026

NOTICE TO COUNSEL Alice Carmen Burgos of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (MSN) (Entered: 06/05/2026)

Jun 05, 2026

Notice to Counsel of Local Rule

Jun 05, 2026

Case Assigned/Reassigned

#4

Jun 08, 2026

Order to Respond to Habeas Petition

#5

Jun 08, 2026

Notice of appearance

#6

Jun 08, 2026

Notice of Lead Counsel Designation

#7

Jun 11, 2026

Notice of appearance

#8

Jun 11, 2026

Dismiss

#9

Jun 15, 2026

ENDORSED ORDER granting Florida Division of Emergency Management Executive Director Kevin Guthrie's motion to dismiss (Doc. 8). Guthrie argues he is not a proper habeas respondent because ICE and the federal government ultimately control who is detained at Alligator Alcatraz. The Supreme Court has recognized, "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) (quoting 28 U.S.C. § 2244). Courts have also 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). Guthrie is not the petitioner's immediate custodian, nor is he one of the federal officials that decides who will be detained in and released from the facility. He is not a proper respondent in this action. Signed by Judge Sheri Polster Chappell on 6/15/2026. (SAP) (Entered: 06/15/2026)

#10

Jun 15, 2026

Response to habeas petition

Jun 15, 2026

Order on Motion to Dismiss

#11

Jun 16, 2026

ENDORSED ORDER granting in part Venancio Bernabe Cinto Bautista'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 6/16/2026. (NMC) (Entered: 06/16/2026)

Jun 16, 2026

Order AND Order Dismissing Case

#12

Jun 18, 2026

Judgment