Middle District of Florida • 2:26-cv-02604

#1

Sep 21, 2026

PETITION for Writ of Habeas Corpus - Federal filed by Ernso Joseph. (Attachments: # 1 Attachment, # 2 Mailing Envelope)(JTM) (Entered: 09/22/2026)

#2

Sep 21, 2026

MOTION to Proceed In Forma Pauperis by Ernso Joseph. (Attachments: # 1 Mailing Envelope)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 09/22/2026)

#3

Sep 23, 2026

ENDORSED ORDER granting 2 Petitioner's application to proceed without prepaying fees or costs. The court has reviewed the application submitted by Petitioner under 28 U.S.C. § 1915 and finds Petitioner qualifies to proceed in forma pauperis. Petitioner may proceed without paying the filing fee. Signed by Magistrate Judge Nicholas P. Mizell on 9/23/2026. (NF) (Entered: 09/23/2026)

#4

Sep 23, 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 9/30/2026. Signed by Judge Sheri Polster Chappell on 9/23/2026. (TDC) (Entered: 09/23/2026)

Sep 23, 2026

Order on Motion to Proceed In Forma Pauperis

#5

Sep 30, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by U.S. Attorney General. (Attachments: # 1 Exhibit Composite Exhibit A)(Brodersen, Matthew) (Entered: 09/30/2026)

#6

Sep 30, 2026

NOTICE of a related action per Local Rule 1.07(c) by U.S. Attorney General. Related case(s): Yes (Brodersen, Matthew) (Entered: 09/30/2026)

#7

Oct 01, 2026

ENDORSED ORDER. Before the Court is Petitioner Ernso Joseph's second Petition for Writ of Habeas Corpus (Doc. 1). United States District Judge Kyle C. Dudek granted Joseph's first petition and is thus familiar with the factual and procedural background of this case. Per Middle District of Florida Local Rule 1.07(a)(2)(A), this related, later-filed action is transferred to the Honorable Kyle C. Dudek, with his consent, for all further purposes. The Clerk of Court is DIRECTED to REASSIGN this case to United States District Judge Kyle C. Dudek. Signed by Judge Sheri Polster Chappell on 10/1/2026. (NMC) (Entered: 10/01/2026)

Oct 01, 2026

Order Reassigning Case to Another Judge w/in Division

#8

Oct 02, 2026

Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-2604-KCD-NPM. Judge Sheri Polster Chappell no longer assigned to the case. (LF) (Entered: 10/02/2026)

Oct 02, 2026

Case Assigned/Reassigned

#9

Oct 03, 2026

ORDER GRANTING IN PART 1 Petition for Writ of Habeas Corpus filed by Ernso Joseph. Within ten days of this order, the Government shall either bring Joseph for an individualized bond hearing before an immigration judge or release him under reasonable conditions of supervision. To satisfy this order, the hearing must include--and the resulting order must reflect--consideration of evidence properly submitted by the petitioner and the factors announced in In re Guerra, 24 I. & N. Dec. 37 (BIA 2006), and the Government must bear the burden of proof to justify continued detention. Laborde Casallas v. Ripa, No. 2:26-CV-02137-SPC-KRH, 2026 WL 2162793, at *2 (M.D. Fla. July 28, 2026). The habeas petition is otherwise denied. The Clerk is directed to terminate any pending motions and close this case. Signed by District Judge Kyle C. Dudek on 10/3/2026. (KCD) (Entered: 10/03/2026)