Southern District of New York • 1:26-cv-00071

#1

Jan 06, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32218269) Request for emergency relief to be separately filed..Document filed by Tracey Allen Fagan..(Matemu, Japheth) (Entered: 01/06/2026)

#2

Jan 06, 2026

EMERGENCY MOTION for Temporary Restraining Order EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE. Document filed by Tracey Allen Fagan. Return Date set for 1/6/2026 at 05:00 PM. (Attachments: # 1 Proposed Order Emergency TRO Proposed Order).(Matemu, Japheth) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 01/06/2026)

#3

Jan 06, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Matemu, Japheth) Modified on 1/6/2026 (vf). (Entered: 01/06/2026)

#4

Jan 06, 2026

ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that: 1. Respondents show cause why the Petition should not be granted by January 9, 2026. 2. Petitioner have an opportunity to reply by January 13, 2026. 3. The parties APPEAR before this Court for a hearing on the petition on Thursday, January 15, 2026, at 3:00 p.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. 4. Pending consideration of the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York and, relatedly, the United States of America. By January 7, 2026, Petitioner's counsel is directed (1) to serve Respondents with a copy of the Petition, along with a copy of this Order, by overnight mail or hand-delivery to the United States Attorney's Office for the Southern District of New York at 86 Chambers Street, New York, NY, and by electronic delivery to jeffrey.oestericher@usdoj.gov, pierre.armand@usdoj.gov, christine.poscablo@usdoj.gov, and brandon.waterman@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Petitioner's emergency motion for a temporary restraining order (Dkt. No. 2) is DENIED AS MOOT considering the foregoing. SO ORDERED. Show Cause Hearing set for 1/15/2026 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 1/6/2026) (kv) (Entered: 01/06/2026)

#5

Jan 06, 2026

CIVIL COVER SHEET filed..(Matemu, Japheth) (Entered: 01/06/2026)

Jan 06, 2026

Notice to Attorney Regarding Party Modification

Jan 06, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Jan 06, 2026

Case Opening Initial Assignment Notice

Jan 06, 2026

Case Designated ECF. (vf)

Jan 06, 2026

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Jan 06, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Jan 06, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Japheth Nthautha Matemu to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 2025. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (vf)

Jan 06, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Japheth Nthautha Matemu. The party information for the following party/parties has been modified: Kenneth Genalo, Todd Lyons, Kristi Noem, Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

#6

Jan 07, 2026

Affidavit of Service Other AND Certificate of Service Complaints

#7

Jan 07, 2026

Extension of Time

#8

Jan 08, 2026

ORDER denying 7 Letter Motion for Extension of Time: The Court will not alter the schedule set out in its Order dated January 6, 2026 (Dkt. No. 4). Ms. Fagan is currently detained, apparently based on a policy that numerous other courts have already found to be illegal. See, e.g., Lopez Benitez v. Francis, 795 F. Supp. 3d 475 (S.D.N.Y. 2025). Moreover, the U.S. Attorney's Office for this district has briefed the legal issue in this case numerous times in the last several months. Even recognizing that there may be factual issues unique to Ms. Fagan, and without presuming the outcome of the petition, the Court cannot in good conscience grant an extension that would result in her detention for an additional two weeks under circumstances that may well be unlawful. The Court is happy to grant the Government additional time to brief the merits if Ms. Fagan is promptly released from custody, whether on a bond or on her own recognizance. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (Garnett, Margaret) (Entered: 01/08/2026)

Jan 08, 2026

Order on Motion for Extension of Time

#9

Jan 09, 2026

Letter

#10

Jan 09, 2026

Memo Endorsement

#11

Jan 09, 2026

Response to Order to Show Cause

#12

Jan 09, 2026

Declaration (non-motion)

#13

Jan 09, 2026

Memorandum of Law (non-motion)

#14

Jan 15, 2026

ORDER On January 15, 2026, Petitioner's counsel informed the Court that, previously unbeknownst to him, there may be an issue with his bar membership in New York, which he is working to resolve. Petitioner's counsel indicated that one of his colleagues would assume the representation in his stead. Accordingly, on consent of all parties, and to give new counsel time to familiarize himself with the matter, the Court hereby ADJOURNS the proceeding scheduled for January 15, 2026, until Tuesday, January 20, 2026, at 10:00 a.m. The proceeding will take place in courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 01/15/2026)

Jan 15, 2026

Order

#15

Jan 16, 2026

Notice of Appearance

#16

Jan 16, 2026

Reply Affidavit in Opposition to Motion

#17

Jan 20, 2026

Order to Show Cause AND ~Util - Set Deadlines/Hearings

Jan 20, 2026

Show Cause Hearing

Jan 20, 2026

Minute Entry for proceedings held before Judge Margaret M. Garnett: Show Cause Hearing held on 1/20/2026. Counsel Ugo Ugeh present for Plaintiff. Counsel Leslie Arffa present for Defendants. (Court Reporter George Malnowinski) (kv)

#18

Jan 23, 2026

Letter

#19

Jan 27, 2026

ORDER Now that it appears that an immigration judge has granted the Petitioner's motion to re-open her immigration case and directed that the matter revert to USCIS to continue the adjustment of status process on the basis of the previously approved I-130 Petition, see Dkt. No. 18, the prior scheduling order of this Court is RESCINDED. By Thursday, January 29, 2026, the Government shall file a letter either informing the Court that the Petitioner has been released from detention (on bond or otherwise), or, if not, setting forth the legal and factual basis on which it is detaining a person who is not an "alien ordered removed". (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 01/27/2026)

Jan 27, 2026

Order

#20

Jan 29, 2026

Letter

#21

Jan 30, 2026

Order to Show Cause AND ~Util - Set Deadlines

#22

Feb 19, 2026

Amended Petition

#23

Feb 19, 2026

Extension of Time to Amend

#24

Feb 19, 2026

ORDER granting 23 Letter Motion for Extension of Time to Amend: Petitioner's letter motion for an extension nunc pro tunc (Dkt. No. 23) is GRANTED. Respondents shall file a response to the Amended Petition (Dkt. No. 22) by February 25, 2026. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (Garnett, Margaret) (Entered: 02/19/2026)

Feb 19, 2026

Order on Motion for Extension of Time to Amend

Feb 20, 2026

Notice to Attorney Regarding Deficient Pleading

Feb 20, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Japheth Nthautha Matemu to RE-FILE Document No. 22 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)

#25

Feb 22, 2026

Amended Petition