Middle District of Florida • 2:26-cv-01737

#1

May 22, 2026

PETITION for Writ of Habeas Corpus - Federal (Filing fee $ 5.00, receipt number 17679) filed by Gustavo Barrera Acosta. (Attachments: # 1 Attachments, # 2 Mailing Envelope)(JTM) (Entered: 05/27/2026)

#2

May 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 6/4/2026. Signed by Judge Sheri Polster Chappell on 5/28/2026. (TDC) (Entered: 05/28/2026)

#3

Jun 04, 2026

NOTICE of Appearance by Emma Genevieve Refuveille on behalf of Warden, Florida Soft Side South Detention Center (Refuveille, Emma) (Entered: 06/04/2026)

#4

Jun 04, 2026

NOTICE of Appearance by Nicholas John Peter Meros on behalf of Warden, Florida Soft Side South Detention Center (Meros, Nicholas) (Entered: 06/04/2026)

#5

Jun 04, 2026

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) (Entered: 06/04/2026)

#6

Jun 04, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Attorney General of the United States. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sullins, Somadina) (Entered: 06/04/2026)

#7

Jun 05, 2026

ENDORSED ORDER denying Respondent Warden of Florida Soft Side South Detention Center's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 5). "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 6/5/2026. (SAP) (Entered: 06/05/2026)

Jun 05, 2026

Order on Motion to Dismiss

#8

Jun 15, 2026

REPLY re 6 Response to habeas petition, by Gustavo Barrera Acosta. (Attachments: # 1 Mailing Envelope)(SJD) (Entered: 06/15/2026)

#9

Jun 22, 2026

NOTICE of change of address by Gustavo Barrera Acosta (Attachments: # 1 Mailing Envelope)(SJD) (Entered: 06/22/2026)

#11

Aug 19, 2026

NOTICE of change of address by Gustavo Barrera Acosta (Attachments: # 1 Mailing Envelope)(JTM) (Entered: 08/21/2026)

#12

Aug 28, 2026

ENDORSED ORDER. Within 7 days, the government shall supplement its response with any recent efforts made to remove the petitioner from the United States. Signed by Judge Sheri Polster Chappell on 8/28/2026. (NMC) (Entered: 08/28/2026)

Aug 28, 2026

Order

#13

Sep 05, 2026

SUPPLEMENT re 6 Response to habeas petition (as ordered by the Court) by Attorney General of the United States. (Attachments: # 1 Exhibit 1, Declaration of Deportation Officer)(Sullins, Somadina) (Entered: 09/05/2026)

#14

Sep 14, 2026

OPINION AND ORDER. Gustavo Barrera Acosta'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 Barrera Acosta poses a danger to the co mmunity 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 dangerousness justifies continued detention, the supplemental response must explain why. Barrera Acosta may file a reply within three days of the supplemental response. Signed by Judge Sheri Polster Chappell on 9/14/2026. (NMC)