Eastern District of New York • 2:26-cv-00092
Hernandez Zelada v. Francis
Active
Case Information
Filed: January 07, 2026
Assigned to:
Sanket J. Bulsara
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
January 08, 2026
Parties:
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Docket Entries
#1
Jan 07, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19784421, filed by Manuel Hernandez Zelada. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: # 1 Exhibit ICE Detainee Locator, # 2 Exhibit Newsday Article) (Austin, Paige) Modified on 1/8/2026 (LJ). (Entered: 01/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 07, 2026
Civil Cover Sheet.. by Manuel Hernandez Zelada (Austin, Paige) (Entered: 01/07/2026)
Main Document:
Proposed Summons/Civil Cover Sheet
#3
Jan 08, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 01/08/2026)
Main Document:
Quality Control Check - Attorney Case Opening
#4
Jan 08, 2026
NOTICE of Appearance by Harold A. Solis on behalf of Manuel Hernandez Zelada (aty to be noticed) (Solis, Harold) (Entered: 01/08/2026)
Main Document:
Notice of Appearance
#5
Jan 08, 2026
AFFIDAVIT of Service for Petition; Exhibits; Civil Cover Sheet; and Docket Containing Court Orders served on Respondents Francis, Noem, and Bondi; US Attorneys Office on Jan. 8, 2026, filed by Manuel Hernandez Zelada. (Austin, Paige) (Entered: 01/08/2026)
Main Document:
Affidavit of Service
Jan 08, 2026
Case Assigned/Reassigned
Jan 08, 2026
Quality Control Check - Summons
Jan 08, 2026
Order(Other)
Jan 08, 2026
ORDER: To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. 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." (quotations omitted)); Garcia-Izquierdo v. Gartner, No. 04-CV-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, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 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, 661-62 (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). And in addition, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, 779 F. Supp. 3d 462, 496 (D. Vt. 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). So Ordered by Judge Sanket J. Bulsara on 1/8/2026. (RB)
Jan 08, 2026
A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)
Jan 08, 2026
Case Assigned to Judge Sanket J. Bulsara. 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. (LJ)
Jan 08, 2026
ORDER: Respondents must inform the Court of Petitioner's current location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention on November 14, 2025, by 1/12/2026 at 5 P.M. So Ordered by Judge Sanket J. Bulsara on 1/8/2026. (RB)
Parties
Francis
Party
Hernandez Zelada
Party