Southern District of New York • 1:26-cv-00127

#1

Jan 07, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32226152) Document filed by Kevin Josue Hernandez. (Attachments: # 1 Exhibit Exhibits - Redacted).(Roy, Susan) (Entered: 01/07/2026)

#2

Jan 07, 2026

CIVIL COVER SHEET filed..(Roy, Susan) (Entered: 01/07/2026)

#3

Jan 07, 2026

ORDER : The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. By January 9, 2026, Respondents shall file a letter with the Court with the information described in this order. Respondents shall file an answer to the Petition by January 12, 2026. Petitioner shall file any reply by January 16, 2026. The matter shall be heard by the Court on January 20, 2026 at 12:00 p.m. in the Daniel Patrick Moynihan United States Courthouse, Courtroom 20B, 500 Pearl Street, New York, NY 10007. Respondents shall produce Petitioner at the conference. SO ORDERED., (Pamela Bondi answer due 1/12/2026; Todd Lyons answer due 1/12/2026; Joseph McElroy answer due 1/12/2026; Kristi Noem answer due 1/12/2026.)( Replies due by 1/16/2026., Status Conference set for 1/20/2026 at 12:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 1/7/26) (yv) (Entered: 01/08/2026)

Jan 07, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(gp)

Jan 07, 2026

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. (gp)

Jan 07, 2026

Case Designated ECF. (gp)

Jan 07, 2026

Case Opening Initial Assignment Notice

#4

Jan 12, 2026

ORDER : On January 7, 2026, the Court ordered Respondents to file a letter containing certain information concerning Petitioner's detention by January 9, 2026. See Dkt. 3. To date, Respondents have not done so. Respondents shall comply with the Court's order forthwith. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/12/2026) (jca) (Entered: 01/12/2026)

#5

Jan 12, 2026

Extension of Time to File Response/Reply

#6

Jan 13, 2026

Letter

#7

Jan 13, 2026

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

#8

Jan 28, 2026

Proposed Stipulation and Order

#9

Jan 29, 2026

STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that: 1. This action shall be and hereby is dismissed without prejudice and without costs or attorneys fees to either party. 2. ICE agrees that Mr. Hernandez will remain detained at the Orange County Jail in Goshen, New York, at least until the marriage to his fiance takes place. 3. The Court shall retain jurisdiction to enforce compliance with this stipulation and order. 4. The government has agreed to take this action based on the specific facts and circumstances presented in this matter, and nothing in this stipulation shall be construed as an admission of liability or wrongdoing by the government, or a concession of any rights or arguments by the government or by the petitioner; nor shall it be construed to require the government to agree to similar requests for any other non-citizen in similar or dissimilar circumstances, and this agreement shall in no way be used to undermine the government's litigation position in any other case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/29/2026) (jca) (Entered: 01/29/2026)

#10

Feb 04, 2026

Reopen Case

#11

Feb 06, 2026

ORDER: The Court is in receipt of Petitioner's emergency motion to reopen and request for immediate release. Dkt. 10. Respondents shall respond to that motion by February 9, 2026. Moreover, by February 6, 2026, Respondents shall confirm in writing to the Court that Petitioner remains detained at the Orange County Jail in Goshen, New York, in accordance with the January 29, 2026 Stipulation to which the parties agreed, see Dkt. 9. SO ORDERED. (Responses due by 2/9/2026) (Signed by Judge Jennifer L. Rochon on 2/6/2026) (jca) (Entered: 02/06/2026)

#12

Feb 07, 2026

Letter

#13

Feb 09, 2026

Memorandum of Law in Opposition to Motion

#14

Feb 09, 2026

Declaration in Opposition to Motion

#15

Feb 18, 2026

Memorandum & Opinion