Eastern District of New York • 1:26-cv-00085

E.R.D. v. Noem

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Case Information

Filed: January 07, 2026
Assigned to: Nina R. Morrison
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: January 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 07, 2026
Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19782182, filed by E.R.D.. (Attachments: # 1 Exhibit A - ICE Release Policy, # 2 Exhibit B - SIJ Grant, # 3 Exhibit C - Withholding CAT grant, # 4 Exhibit D - OSUP Paperwork, # 5 Exhibit E - EAD, # 6 Exhibit F - detainee locator printout, # 7 Civil Cover Sheet) (Lampert, Alexandra) (Entered: 01/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 07, 2026
MOTION to Seal to proceed via pseudonym by E.R.D.. (Attachments: # 1 Proposed Order) (Lampert, Alexandra) (Entered: 01/07/2026)
Main Document: Seal
Jan 07, 2026
Case Assigned to Judge Nina R. Morrison. 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. (KD)
Jan 07, 2026
Order(Other)
Jan 07, 2026
Order to Show Cause (Federal)
Jan 07, 2026
Case Assigned/Reassigned
Jan 07, 2026
ORDER: The Court is in receipt of 2 Petitioner's Motion to Proceed via Pseudonym. The Court provisionally grants the motion, pending a response by Respondents. Respondents may file a response to the motion on or before Saturday, January 10, 2026 at 5:00 PM. In the meantime, counsel for Petitioner may continue to file documents and all other filings in this action under the requested pseudonym ("E.R.D.") until such time as the Court receives Respondents' response and issues a final ruling on the motion. Ordered by Judge Nina R. Morrison on 1/7/2026. (AYG)
Jan 07, 2026
ORDER: In order to preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. 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."); Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 66162 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal).Respondents are further ordered to show cause in writing no later than Saturday, January 10, 2026 at 5:00 P.M. as to why the Petition should not be granted. Petitioner may reply by Wednesday, January 14, 2026 at 9:00 A.M.. The Court will hear argument on the Petition on Thursday, January 15, 2026 at 11:00 A.M. in Courtroom 6E North.The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorneys Office (USAO) for the Eastern District of New York. Petitioner's counsel shall also serve a copy of the order on the USAO. Ordered by Judge Nina R. Morrison on 1/7/2026. (AYG)
#3
Jan 08, 2026
Appear Pro Hac Vice
#4
Jan 09, 2026
Extension of Time to File Document

Parties

E.R.D.
Party
Noem
Party