Middle District of Florida • 3:26-cv-02423

Nery-Salinas v. Warden, North Florida Detention Facility (Baker)

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Case Information

Filed: September 16, 2026
Assigned to: Wendy Williams Berger
Referred to: Samuel J. Horovitz
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: October 30, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 16, 2026
PETITION for Writ of Habeas Corpus - Federal filed by Kurt Frandkoys Nery-Salinas (No Service Copies Received). (Attachments: # 1 Mailing Envelope)(JAW) (Entered: 09/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
ENDORSED ORDER directing Petitioner to either pay the $5.00 filing fee or complete and file an application to proceed in forma pauperis by October 16, 2026. The Court directs the Clerk to mail Petitioner an application to proceed in forma pauperis form. Signed by Magistrate Judge Samuel J. Horovitz on 9/17/2026. (CAW) (Entered: 09/17/2026)
Sep 17, 2026
Order to file proof of indigency
#3
Sep 22, 2026
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective November 1, 2025, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions, including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 9/22/2026. (CKS) (Entered: 09/22/2026)
Sep 22, 2026
Order
#4
Sep 25, 2026
MOTION to Proceed In Forma Pauperis by Kurt Frandkoys Nery-Salinas. (Attachments: # 1 Mailing Envelope)(ANW) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/25/2026)
Main Document: Proceed In Forma Pauperis
#5
Sep 28, 2026
ENDORSED ORDER granting 4 Petitioner's Application to Proceed In Forma Pauperis. Signed by Magistrate Judge Samuel J. Horovitz on 9/28/2026. (CAW) (Entered: 09/28/2026)
#6
Sep 28, 2026
ORDER to respond and show cause why the petition should not be granted. The Clerk is directed to serve the petition. Response to petition due by 10/5/2026. The Petitioner has 3 business days to reply to the response to petition. Signed by Judge Wendy W. Berger on 9/28/2026. (CAW) (Entered: 09/28/2026)
Main Document: Order to Respond to Habeas Petition
Sep 28, 2026
Order on Motion to Proceed In Forma Pauperis
#7
Oct 05, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Attorney General. (Attachments: # 1 Exhibit I-213 Record of Deportable/Inadmissible Alien, Dated September 8, 2026, # 2 Exhibit Most Recent I-94, # 3 Exhibit Termination of Parole, Dated March 29, 2025, # 4 Exhibit Notice to Appear, Dated September 8, 2026, # 5 Exhibit Detention History)(Brodersen, Matthew) (Entered: 10/05/2026)
Main Document: Response to habeas petition
#8
Oct 05, 2026
NOTICE of Appearance by Brian Ronald Flynn-Fallon on behalf of Warden, North Florida Detention Facility (Flynn-Fallon, Brian) (Entered: 10/05/2026)
Main Document: Notice of appearance
#9
Oct 05, 2026
MOTION to Dismiss Warden by Warden, North Florida Detention Facility. (Attachments: # 1 Exhibit 287(g) Agreement, # 2 Exhibit DEM Contract w/ contractors)(Flynn-Fallon, Brian) (Entered: 10/05/2026)
Main Document: Dismiss
#10
Oct 28, 2026
ORDER that the Petition 1 is GRANTED as stated herein. Within seven days of the date of this Order, Respondents shall either afford Petitioner an individualized bond hearing consistent with 8 U.S.C. § 1226(a) or release Petitioner. Denying 9 Motion to Dismiss. Directions to the Clerk. Signed by Judge Wendy W. Berger on 10/27/2026. (JND)
Main Document: Order on Motion to Dismiss
#11
Oct 30, 2026
Judgment
Main Document: Judgment