Eastern District of New York • 1:26-cv-00069

#1

Jan 06, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19778570, filed by Issa Ndiaye. (Attachments: # 1 Exhibit Exh. A: ICE Detainee Locator) (Solis, Harold) (Entered: 01/06/2026)

#2

Jan 06, 2026

Civil Cover Sheet.. by Issa Ndiaye (Solis, Harold) (Entered: 01/06/2026)

#3

Jan 06, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 01/06/2026)

#4

Jan 06, 2026

NOTICE of Appearance by Paige Austin on behalf of Issa Ndiaye (aty to be noticed) (Austin, Paige) (Entered: 01/06/2026)

Jan 06, 2026

Case Assigned/Reassigned

Jan 06, 2026

Notice: Re: Incomplete Civil Cover Sheet

Jan 06, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re 1 Petition for Writ of Habeas Corpus, filed by Issa Ndiaye. The United States Attorney, as attorney for Respondents, is directed to show cause by 4:00 p.m. on January 9, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention. In its response, the government should also address whether the instant Petition is controlled by this Court's prior opinions in O.F.B. v. Maldonado, No. 25-cv-6336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 2025) and R.P.L. v. Maldonado, No. 25-cv-6886, 2025 WL 3731864 (E.D.N.Y. Dec. 26, 2025), and Judge Donnelly's prior opinion in Ye v. Maldonado, No. 25-cv-6417, 2025 WL 3521298 (E.D.N.Y. Dec. 8, 2025). If so, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on January 12, 2026, with proof of service. Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025), ECF No. 3. Ordered by Judge Hector Gonzalez on 1/6/2026. (CBF)

Jan 06, 2026

Case Assigned to Judge Hector Gonzalez. 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. (SDM)

Jan 06, 2026

Notice: Missing Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 02/13/2025 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SDM)

Jan 06, 2026

Order to Show Cause (Federal)

#5

Jan 07, 2026

Notice of Appearance

#6

Jan 08, 2026

Extension of Time to File Response/Reply

Jan 08, 2026

Order on Motion for Extension of Time to File Response/Reply

#7

Jan 13, 2026

Response to Order to Show Cause

#8

Jan 14, 2026

Order Dismissing Case

#9

Jan 14, 2026

Letter

#10

Jan 14, 2026

Judgment - Clerk

#11

Jan 23, 2026

Letter

Jan 23, 2026

Scheduling Order

#12

Feb 06, 2026

Letter

Feb 09, 2026

Status Report Order

Feb 09, 2026

ORDER: The Court clarifies its Order dated January 14, 2026, as follows: Petitioner shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where Respondents will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a). The Court clarifies that it concludes that Petitioner "is entitled to release from the unlawful restrictions on his liberty which means, in the circumstances here, restoration of... the status quo ante." Khabazha v. United States Immigr. & Customs Enf't, No. 25-cv-5279, 2025 WL 3281514, at *8 (S.D.N.Y. Nov. 25, 2025) (ordering government release petitioner from "restrictions on his liberty imposed as a result of his unlawful [detention]... including the ankle monitor and reporting requirements"). The Court's Order includes "an injunction barring deprivation [of any] of the [Petitioner's] rights without the requisite procedural protections." Id.For the avoidance of doubt, and contrary to Petitioner's assertion, see ECF No. 11 at 2, the government did not contravene the Court's January 14, 2026, Order, given that the Court did not previously make clear that granting Petitioner's habeas petition meant that Petitioner must be returned to the status quo ante. In light of this Order, the government shall file a letter updating the Court on its compliance with this clarified Order on or before February 11, 2026 at 5:00 p.m. Ordered by Judge Hector Gonzalez on 2/9/2026. (CBF)

#13

Feb 11, 2026

Status Report