Eastern District of New York • 2:26-cv-00029

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Jan 04, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19770126, filed by Hesler Asaf Garcia Lanza. (Attachments: # 1 Exhibit Exhibits A - E, # 2 Civil Cover Sheet) (Cordoba, Sandra) (Entered: 01/04/2026)

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Jan 05, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 01/05/2026)

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Jan 05, 2026

NOTICE of Appearance by Tania Gabrielle Cohen on behalf of Hesler Asaf Garcia Lanza (aty to be noticed) (Cohen, Tania) (Entered: 01/05/2026)

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Jan 05, 2026

Proposed Summons/Civil Cover Sheet

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Jan 05, 2026

Order(Other)

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Jan 05, 2026

Summons Issued as to USA

Jan 05, 2026

EMERGENCY BAIL HEARING ORDER: The Court will hold an emergency bail hearing TODAY at 4:00 P.M. Counsel shall attend by telephone. Government counsel will immediately (1) locate the petitioner; and (2) arrange for the attendance of the petitioner by telephone. The purpose of this hearing will be to determine whether petitioner should be released on bail consistent with the principles set forth in this Courts order in Clarke v. U.S. Dept of Homeland Security, 25-CV-6773(GRB) (December 18, 2025). Counsel for Petitioner shall be prepared to discuss a bail package, including a proposed suretor(s). To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction"). Additionally, in light of Petitioner's interests in maintaining adequate access to legal counsel, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). The parties will call 571-353-2301 using Access Code 975 842 145 at least 5 minutes prior to the conference. Please note any number of counsel may appear during the telephone conference, however only one attorney per party may be designated to speak during the conference. Ordered by Judge Gary R. Brown on 1/5/2026. (ML)

Jan 05, 2026

Case Assigned/Reassigned

Jan 05, 2026

Quality Control Check - Summons

Jan 05, 2026

Order(Other)

Jan 05, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Jan 05, 2026

Case Assigned to Judge Gary R. Brown. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SMF)

Jan 05, 2026

Minute Entry for proceedings held before Judge Gary R. Brown:Telephone Conference held on 1/5/2026. Tania cohen for petitioner. Marika Lyons for respondent. Petitioner present. Argument heard regarding bail release of petitioner pending proceedings. Argument heard. Petitioner released on own recognizance. Order entered. Parties will submit a briefing schedule on the petition. (Court Reporter Lisa Schmid.) (KM)

Jan 05, 2026

ORDER: Whereas the Government has failed to produce any evidence suggesting that the petitioner has a criminal record or other indicia of danger to the community or risk of flight, it is hereby ORDERED that the above-named petitioner be IMMEDIATELY released on Personal Recognizance on the petitioners promise to appear at all scheduled proceedings as required. Release of the petitioner is hereby ordered on 1/5/2026. Ordered by Judge Gary R. Brown on 1/5/2026. (RJP)

Jan 06, 2026

Telephone Conference

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Jan 08, 2026

Affidavit of Service

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Jan 08, 2026

Notice of Appearance

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Jan 08, 2026

Letter

Jan 09, 2026

ORDER The proposed briefing schedule, DE 9 is So Ordered. Ordered by Judge Gary R. Brown on 1/9/2026. (ML)

Jan 09, 2026

Order(Other)