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

#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)

#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)

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)

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)

#3

Jan 08, 2026

Appear Pro Hac Vice

#4

Jan 09, 2026

Extension of Time to File Document

Jan 10, 2026

Order on Motion for Extension of Time to File

Jan 10, 2026

ORDER granting 4 Motion for Extension of Time to File: Respondents' deadline to respond to the Petition, Petitioner's deadline to reply, and the argument scheduled for January 15, 2026 are adjourned sine die. The parties shall file a status report by January 15, 2026. Ordered by Judge Nina R. Morrison on 1/10/2026. (AYG)

#5

Jan 15, 2026

Status Report

Jan 16, 2026

Order on Motion to Seal

Jan 16, 2026

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Nina R. Morrison on 1/16/2026. (JK)

Jan 16, 2026

ORDER: On January 7, 2026, the Court provisionally granted Petitioner's 2 Motion to Proceed via Pseudonym pending a potential response by Respondents. As the deadline to respond has passed and Respondents have not filed a response on the docket, Petitioner's 2 Motion to Proceed via Pseudonym is now granted. Ordered by Judge Nina R. Morrison on 1/16/2026. (JK)

Jan 16, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Jan 18, 2026

Status Report Order

Jan 18, 2026

STATUS REPORT ORDER re 5 : The parties shall file a status report on or before January 27, 2026. Ordered by Judge Nina R. Morrison on 1/18/2026. (OA)

#6

Jan 20, 2026

Notice of Appearance

#7

Jan 23, 2026

Leave to File Document

Jan 23, 2026

Order on Motion for Leave to File

Jan 23, 2026

ORDER granting 7 Motion for Leave to File: Leave to file document to substitute the prior unredacted filing is GRANTED. Ordered by Judge Nina R. Morrison on 1/23/2026. (OA)

#8

Jan 27, 2026

Status Report

Jan 28, 2026

SCHEDULING ORDER: The Court is in receipt of the parties' 8 status report. Petitioner may file an amended pleading by February 17, 2026. Respondents may respond within 60 days of service of said amended pleading. Ordered by Judge Nina R. Morrison on 1/28/2026. (OA)

Jan 28, 2026

Scheduling Order

#9

Feb 17, 2026

Amended Complaint

#10

Feb 17, 2026

Strike

Feb 18, 2026

ORDER: The Court is in receipt of Petitioner's 9 amended petition. Respondents shall respond to the amended petition and show cause as to why the relief sought should not be granted on or before February 25, 2026. Petitioner may file a reply within seven days after being served with Respondent's response. Ordered by Judge Nina R. Morrison on 2/18/2026. (OA)

Feb 18, 2026

Order on Motion to Strike

Feb 18, 2026

Order(Other)

Feb 18, 2026

ORDER granting 10 Motion to Strike. Petitioner's motion to strike ECF No. 1-5 is GRANTED. Ordered by Judge Nina R. Morrison on 2/18/2026. (OA)

#11

Mar 04, 2026

Amend/Correct/Supplement

Mar 04, 2026

ORDER: Per the Court's Order dated February 18, 2026, Respondents were directed to respond to Petitioner's 9 amended petition and to show cause as to why the relief sought should not be granted by February 25, 2026. To date, no response has been filed. Respondents have until Friday, March 6, 2026 at 5:00 P.M. to respond to 9 . Ordered by Judge Nina R. Morrison on 3/4/2026. (OA)

Mar 04, 2026

Order(Other)

Mar 05, 2026

Order on Motion to Amend/Correct/Supplement AND Scheduling Order

Mar 05, 2026

SCHEDULING ORDER re: 11 Motion to Amend/Correct/Supplement: The Court is in receipt of Respondents' 11 motion for an extension of time to respond to the Amended Petition. The Court appreciates and accepts the apology tendered by counsel for Respondents in "fail[ing] to notice" that the Court had issued a revised scheduling order on February 18, 2026, directing a response to the Amended Petition within seven days, and counsel's resulting failure to comply with that deadline or timely seek an extension. However, counsel's letter appears to presume that the Court had entered its February 18, 2026 Order in casual disregard of the parties' earlier-negotiated schedule (which had provided for a 60-day return on any amended pleading), and without good reason. That is incorrect. Instead, after reviewing the Amended Petition filed on February 17, 2026, the Court noted the specific allegations therein, including, inter alia, those pertaining to Petitioner's allegedly imminent risk of third-country removal, as well as the nature of the injunctive relief sought to prevent what Petitioner's counsel alleged could be serious and irreparable harm if not granted. The Court then determined than a seven-day return by Respondents was necessary to ensure that the Court would be able to give meaningful yet timely consideration to the claims in the Amended Petition, a determination that the Court also made in light of its own trial calendar and docket. The fact that this case may have been reassigned within the U.S. Attorney's Office and that current counsel "simply was not anticipating" (ECF No. 11 at 2) that the Court might expedite the Office's deadline for a response is not an excuse for failing to monitor the docket and seek a timely extension of any deadlines that counsel may have required more time to meet. Nevertheless, in light of the fact that Petitioner, through her counsel, has consented to the request for an extension, Respondents' motion is GRANTED. Respondents shall answer, move, or otherwise respond to the Amended Petition on or before April 20, 2026. Respondents are further put on notice that in the event there is any change to Petitioner's current status while the amended petition is pending, the Court may sua sponte expedite the deadline to respond to the petition and/or hold an emergency hearing. Any failures by counsel to monitor the docket and comply with subsequent orders in this matter will not be tolerated. Ordered by Judge Nina R. Morrison on 3/5/2026. (OA)

#12

Mar 17, 2026

Notice of Appearance

#13

Apr 20, 2026

Pre Motion Conference

Apr 21, 2026

Order on Motion for Pre Motion Conference

Apr 21, 2026

ORDER: Defendants' 13 request for pre-motion conference is denied as unnecessary, pursuant to the Court's Individual Practice Rule 5.1. The parties are directed to propose a briefing schedule regarding Defendants' anticipated motion to dismiss by April 24, 2026. Ordered by Judge Nina R. Morrison on 4/21/2026. (OA)

#14

Apr 24, 2026

Letter

Apr 27, 2026

SCHEDULING ORDER: The Court is in receipt of the parties' 14 letter. Pursuant to Individual Practice Rule 5.2.3, Respondents shall serve their motion to dismiss on or before June 10, 2026. Petitioner shall serve her opposition on or before July 10, 2026. Respondents shall serve their reply, if any, on or before July 31, 2026, and file the fully briefed motion to the docket on or before July 31, 2026. As indicated in the parties' letter, all prior orders of the Court remain in effect pending their submissions, absent further order of the Court. Ordered by Judge Nina R. Morrison on 4/27/2026. (OA)

Apr 27, 2026

Scheduling Order