Southern District of New York • 1:25-cv-05937

Lopez Benitez v. Francis

Terminated

Case Information

Filed: July 18, 2025
Assigned to: Dale E. Ho
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Terminated: August 11, 2025
Last Activity: August 13, 2025
Parties: View All Parties →

Docket Entries

#1
Jul 18, 2025
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31404270)Document filed by Carlos Javier Lopez Benitez. (Attachments: # 1 Exhibit ICE Detainee Locator).(Austin, Paige) (Entered: 07/18/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 21, 2025
CIVIL COVER SHEET filed..(Austin, Paige) (Entered: 07/21/2025)
Main Document: Civil Cover Sheet
#3
Jul 21, 2025
Notice of Appearance of Pro Bono Counsel
Main Document: Notice of Appearance of Pro Bono Counsel
#4
Jul 21, 2025
Order to Show Cause AND ~Util - Set Deadlines/Hearings
Main Document: Order to Show Cause AND ~Util - Set Deadlines/Hearings
#5
Jul 21, 2025
Affidavit of Service Other
Main Document: Affidavit of Service Other
#6
Jul 21, 2025
Extension of Time
Main Document: Extension of Time
Jul 21, 2025
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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..(jgo)
Jul 21, 2025
Case Opening Initial Assignment Notice
Jul 21, 2025
Notice to Attorney Regarding Party Modification
Jul 21, 2025
Magistrate Judge Robert W. Lehrburger 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. (jgo)
Jul 21, 2025
Case Designated ECF. (jgo)
Jul 21, 2025
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paige Austin. The party information for the following party/parties has been modified: LaDeon Francis; Kristi Noem; Pam Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
#7
Jul 22, 2025
Order on Motion for Extension of Time
Main Document: Order on Motion for Extension of Time
#8
Jul 24, 2025
Memorandum of Law in Opposition (non-motion)
Main Document: Memorandum of Law in Opposition (non-motion)
#9
Jul 24, 2025
Declaration in Opposition (non-motion)
Main Document: Declaration in Opposition (non-motion)
#10
Jul 25, 2025
Reply (non-motion)
Main Document: Reply (non-motion)
Jul 28, 2025
Minute Entry for proceedings held before Judge Dale E. Ho: Initial Pretrial Conference held via Microsoft Teams Teleconference on 7/28/2025. Counsel Harold A. Solis and Paige Austin present on behalf of Petitioner. Counsel Dana Walsh Kumar present on behalf of Respondents. Court reporter present. As stated on the record at a hearing held on July 28, 2025, Petitioner Lopez Benitez's petition, see ECF No. 1, is GRANTED. Respondents are ORDERED to transport Petitioner Lopez Benitez (A Number 240-425-738) back to the Southern District of New York by Thursday, July 31, 2025, and immediately upon effectuating his transfer, shall release Petitioner Lopez Benitez from custody. By August 1, 2025, Respondents shall certify compliance with the Court's order by a filing on the docket. SO ORDERED. (Written opinion to follow.) (nm)
Jul 28, 2025
Pretrial Conference - Initial
#11
Aug 01, 2025
Letter
Main Document: Letter
#12
Aug 06, 2025
Transcript
Main Document: Transcript
#13
Aug 06, 2025
Notice of Filing Transcript
Main Document: Notice of Filing Transcript
#14
Aug 08, 2025
Memorandum & Opinion
Main Document: Memorandum & Opinion
#15
Aug 11, 2025
Judgment - Clerk
Main Document: Judgment - Clerk
#16
Aug 13, 2025
AMENDED OPINION AND ORDER: For the reasons stated above, Mr. Lopez Benitez's Petition, ECF No. 1, is GRANTED. As stated orally during the hearing, the Court ORDERED Respondents to transport Mr. Lopez Benitez (A Number 240-425-738) back to the Southern District of New York by Thursday, July 31, 2025, and immediately upon effectuating his transfer, to release Mr. Lopez Benitez from custody; and further, to certify compliance with the Court's order by a filing on the docket. On August 1, 2025, Respondents confirmed that Mr. Lopez Benitez was released from custody on July 31, 2025, in accordance with the Court's order. See August 1, 2025 Letter. The Clerk of Court is respectfully directed to terminate the case. The Clerk of Court is further respectfully directed to strike ECF No. 14 from the docket. (Signed by Judge Dale E. Ho on 8/13/2025) (tro) Transmission to Orders and Judgments Clerk for processing. (Entered: 08/14/2025)
Main Document: Memorandum & Opinion