Eastern District of New York • 1:26-cv-00095

Normatov v. Francis

Active

Case Information

Filed: January 08, 2026
Assigned to: Nusrat J. Choudhury
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: January 22, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 07, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32226839) Request for emergency relief to be separately filed..Document filed by Albert Normatov. (Attachments: # 1 Exhibit Exhibit A - Tajikistan Denial, # 2 Exhibit Exhibit B - Entry Card, # 3 Exhibit Exhibit C - OSUP, # 4 Exhibit Exhibit D - Reporting Info, # 5 Exhibit Exhibit E - 2023 Conviction, # 6 Exhibit Exhibit F - ICE Detainee Locator).(Cuccia, Edward) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/07/2026)
Main Document: Petition for Writ of Habeas Corpus
Attachment 1: Exhibit Exhibit A - Tajikistan Denial
Attachment 2: Exhibit Exhibit B - Entry Card
Attachment 3: Exhibit Exhibit C - OSUP
Attachment 4: Exhibit Exhibit D - Reporting Info
Attachment 5: Exhibit Exhibit E - 2023 Conviction
Attachment 6: Exhibit Exhibit F - ICE Detainee Locator
#2
Jan 07, 2026
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Albert Normatov. Return Date set for 1/7/2026 at 09:00 PM. (Attachments: # 1 Supplement Memorandum, # 2 Proposed Order Proposed Order).(Cuccia, Edward) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/07/2026)
Main Document: Temporary Restraining Order
Attachment 1: Supplement Memorandum
Attachment 2: Proposed Order Proposed Order
#3
Jan 07, 2026
MOTION for Preliminary Injunction . Document filed by Albert Normatov. (Attachments: # 1 Supplement Memorandum, # 2 Proposed Order Proposed Order).(Cuccia, Edward) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/07/2026)
Main Document: Preliminary Injunction
Attachment 1: Supplement Memorandum
Attachment 2: Proposed Order Proposed Order
#4
Jan 07, 2026
CIVIL COVER SHEET filed..(Cuccia, Edward) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/07/2026)
Main Document: Staff Notes
#5
Jan 07, 2026
REQUEST FOR ISSUANCE OF SUMMONS as to LADEON FRANCIS, TODD LYONS, PAMELA BONDI, KRISTI NOEM, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Albert Normatov..(Cuccia, Edward) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/07/2026)
Main Document: Notice(Other)
#6
Jan 08, 2026
ELECTRONIC SUMMONS ISSUED as to Pamela Bondi, LaDeon Francis, Kristi Noem, Todd Lyons. (vf) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/08/2026)
Main Document: Summons Issued
#7
Jan 08, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pamela Bondi, LaDeon Francis, Kristi Noem, Todd Lyons..(Waterman, Brandon) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/08/2026)
Main Document: Notice of Appearance
#8
Jan 08, 2026
LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated January 8, 2026 re: Venue is Improper in SDNY; the Case Should Be Transferred to EDNY. Document filed by Pamela Bondi, LaDeon Francis, Kristi Noem, Todd Lyons..(Waterman, Brandon) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/08/2026)
Main Document: Letter
#9
Jan 08, 2026
TRANSFER ORDER : It is hereby ORDERED that this case is transferred to the United States District Court for the Eastern District of New York. To ensure the transferee court has the opportunity to evaluate Petitioners claims, it is further ORDERED that Respondents shall not remove Petitioner from the United States or transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey unless and until the transferee court orders otherwise. Counsel for Respondents shall immediately notify their counterparts in the transferee district of this case and share copies of this Order and all other Orders entered in the case to date. The Clerk of Court is directed to transfer the action to the United States District Court for the Eastern District of New York immediately and notwithstanding Local Rule 83.1 and then to close the case in this Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/8/26) (yv) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/08/2026)
Main Document: Order(Other)
#10
Jan 08, 2026
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(yv) [Transferred from New York Southern on 1/8/2026.] (Entered: 01/08/2026)
Main Document: Case Transferred Out - District Transfer
#11
Jan 08, 2026
Case transferred in from District of New York Southern; Case Number 1:26-cv-00132. Original file certified copy of transfer order and docket sheet received. (Entered: 01/08/2026)
Main Document: Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
#12
Jan 08, 2026
ORDER TO SHOW CAUSE: As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Monday, January 12, 2026 at 12:00 PM. Petitioners Reply, if any, shall be filed by Wednesday, January 14, 2026 at 12:00 PM. The parties are further ORDERED TO appear before this Court for a hearing on the petition on Wednesday, January 14, 2026 at 2:00 PM. The hearing will be held in Courtroom 1040 of the Alfonse DAmato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. To preserve the Courts 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, Intl Longshoremens Assn, AFL-CIO v. New York Shipping Assn, 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). Additionally, in light of Petitioners 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, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioners 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); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendants habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enft, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioners transfer and prohibiting respondent from transferring Petitioner to another detention facility during the pendency of the stay); 28 U.S.C. § 1651(a) (empowering courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law). Within 24 hours of issuance of this Order, Petitioners counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorneys Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorneys Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 1/8/2026. (JEG) (Entered: 01/08/2026)
Main Document: Order to Show Cause (Federal)
#13
Jan 08, 2026
Proposed Summons. by Albert Normatov (Cuccia, Edward) (Entered: 01/08/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#14
Jan 08, 2026
AFFIDAVIT of Service for Petition and attached exhibits served on EDNY U.S. Attorney's Office on 1/8/26, filed by Albert Normatov. (Attachments: # 1 Supplement Proof of Mail, # 2 Supplement Proof of Email) (Cuccia, Edward) (Entered: 01/08/2026)
Main Document: Affidavit of Service
Jan 08, 2026
ECF Admission and Registration Notification - Transfer
Jan 08, 2026
Case Designated ECF. (vf) [Transferred from New York Southern on 1/8/2026.]
Jan 08, 2026
The case of Normatov v. Francis et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 1:26-cv-00095-EK. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV)
Jan 08, 2026
ORDER REASSIGNING CASE. Case reassigned to Judge Nusrat J. Choudhury for all further proceedings. Judge Eric R. Komitee no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 1/8/2026. (SDM)
Jan 08, 2026
Magistrate Judge Gabriel W. Gorenstein 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. (vf) [Transferred from New York Southern on 1/8/2026.]
Jan 08, 2026
ORDER. The parties shall appear for a telephone conference today, January 8, 2026 at 5:30 PM to address the current status of Petitioner's detention and the relief requested by Petitioner's Motion for a Temporary Restraining Order (ECF No. 2). The parties must call the Teleconferencing Center at (571) 353-2301 and enter Access Code 981400071 when prompted. All briefing deadlines remain in effect. Ordered by Judge Nusrat J. Choudhury on 1/8/2026. (JEG)
Jan 08, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(vf) [Transferred from New York Southern on 1/8/2026.]
Jan 08, 2026
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward J. Cuccia. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Nassau. (vf) [Transferred from New York Southern on 1/8/2026.]
Jan 08, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edward J. Cuccia. The party information for the following party/parties has been modified: Albert Normatov, LaDeon Francis,Todd Lyons,Pamela Bondi, Kristi Noem. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) [Transferred from New York Southern on 1/8/2026.]
Jan 08, 2026
Order(Other) AND ~Util - Set Hearings
Jan 08, 2026
Order Reassigning Case
Jan 08, 2026
Notice(Other)
Jan 08, 2026
Magistrate Judge Selection
Jan 08, 2026
Case Assigned/Reassigned
#15
Jan 09, 2026
Notice of Appearance
Main Document: Notice of Appearance
#16
Jan 09, 2026
Notice of Appearance
Main Document: Notice of Appearance
#17
Jan 09, 2026
Letter
Main Document: Letter
#18
Jan 09, 2026
Summons Issued as to USA
Main Document: Summons Issued as to USA
#19
Jan 09, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
Jan 09, 2026
MINUTE ENTRY. The Court held a telephone conference on January 8, 2026 at 5:30 PM to address Petitioner's detention. Edward J. Cuccia appeared for Petitioner. Attorneys Layaliza Soloveichik and Elliot Schachter with the U.S. Attorney's Office for the Eastern District of New York joined the conference on behalf of their office although the case had not yet been assigned to an attorney and no attorneys had filed a notice of appearance on behalf of Respondents since this action was transferred to this Court from the Southern District of New York.Respondents were unaware of Petitioner's current whereabouts but assured the Court that Respondents would comply with the Court's orders that Petitioner 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. The Court alerted Respondents that the petitioner in another of the undersigned's cases, Minarcaja Concha v. Lyons et al, No. 2:25-cv-06695 (E.D.N.Y.), was transferred outside of this Court's jurisdiction in violation of two orders of this Court. The Court ordered that the parties file a letter by noon on January 9, 2026 informing the Court of Petitioner's current place of detention and attesting under penalty of perjury that Petitioner will not be transferred outside of this District, the Southern District of New York, or the District of New Jersey absent further order of this Court.The Court also heard from Petitioner regarding the scope of the relief sought in Petitioner's Motion for a Temporary Restraining Order ("TRO Motion") (ECF No. 2). Petitioner withdrew the TRO Motion as moot, in light of the Order to Show Cause (ECF No. 12) entered on January 8, 2026. Finally, the Court reminded the parties of the briefing deadlines scheduled in this case and informed Respondents that the Court expects the government to submit all documents that are material to this action in their response to the Order to Show Cause. (JEG)
Jan 09, 2026
1 - Terminate Hearings AND Order on Motion for Extension of Time to File Response/Reply AND Order(Other) AND ~Util - Set Hearings
Jan 09, 2026
Status Conference
Jan 09, 2026
ORDER: Respondents' Motion, with consent, for Extension of Time to File a Response to the Court's Order to Show Cause is GRANTED. Respondents shall show cause why the Petition for Writ of Habeas Corpus should not be granted by Thursday, January 15, 2026 at 11:59 PM. Petitioners Reply, if any, shall be filed by Friday, January 16, 2026 at 11:59 PM. The hearing on the petition, which is currently scheduled for January 14, 2026, is adjourned to January 20, 2026 at 2:00 PM in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. Ordered by Judge Nusrat J. Choudhury on 1/9/2026. (JEG)
#20
Jan 12, 2026
Order(Other)
Main Document: Order(Other)
Jan 12, 2026
ORDER: The Court has received the declaration of Spiro Vandoros (the "Vandoros Declaration"), which was submitted by Respondents and attests that Respondents are "aware of the Court's January 8, 2026 Order staying removal and prohibiting Normatov's transfer outside the Eastern District of New York, Southern District of New York, or the District of New Jersey unless this Court orders otherwise." (ECF No. 17.) The Court ordered that Respondents to "file a letter... attesting under penalty of perjury that Petitioner will not be transferred outside" the identified districts. (Min. Entry, Jan. 8, 2026.) Although the Vandoros Declaration attests to Respondents' awareness of the Court's order, it does not confirm that Respondents will comply with the Order.As the Court made clear during its telephone conference on January 8, 2026, Respondents previously transferred the petitioner in Minarcaja Concha v. Lyons et al, No., 2:25-cv-06695 (E.D.N.Y.) outside of this Court's jurisdiction in violation of two orders of this Court. Accordingly, Respondents must file by January 14, 2026 at noon a letter attesting that Petitioner will not be transferred outside the Eastern District of New York, Southern District of New York, or the District of New Jersey unless this Court orders otherwise. Ordered by Judge Nusrat J. Choudhury on 1/12/2026. (JEG)
Jan 12, 2026
Order(Other)
#21
Jan 13, 2026
Order(Other)
Main Document: Order(Other)
#22
Jan 13, 2026
Letter
Main Document: Letter
#23
Jan 14, 2026
DECLARATION in response to the Court's January 12 Order by Pamela Bondi, Ladeon Francis, Kristi Noem, Todd Lyons (Freismuth, Megan) (Entered: 01/14/2026)
Main Document: Declaration
#24
Jan 14, 2026
Letter in Response to Order Regarding Interpreter by Albert Normatov (Cuccia, Edward) (Entered: 01/14/2026)
Main Document: Letter
Jan 14, 2026
ORDER: Petitioner's counsel is directed to notify the Court by 5pm on January 14, 2026 whether the petitioner requires a court interpreter for the hearing scheduled before the undersigned on January 20, 2026. Ordered by Judge Nusrat J. Choudhury on 1/14/2026. (JEG)
Jan 14, 2026
Order(Other)
#25
Jan 15, 2026
Response to Order to Show Cause
#26
Jan 16, 2026
Reply in Support
Main Document: Reply in Support
Jan 17, 2026
ORDER: In response to the Court's Order to Show Cause, Respondents acknowledge that the Notice of Revocation of Release submitted by Respondents "was signed by an ICE Assistant Field Director" and that another judge of this District has held that "Assistant Field Office Directors do not have authority... to revoke [Orders of Supervision]." (ECF No. 25 at 3 n.2 (citing Zhang v. Genalo, No. 25-cv-06781, 2025 WL 3733542, at *9 (E.D.N.Y. Dec. 28, 2025).) A number of other judges in this Circuit have agreed and concluded that "this provides an independent reason to order [a petitioner's] release" for violation of the petitioner's Fifth Amendment right to procedural due process in the revocation of an Order of Supervision and that it is unnecessary to reach other arguments as a result. Roman-Curz v. Lyons, No. 25-cv-10522, 2026 WL 114936, at *2 (S.D.N.Y. Jan. 15, 2026) (emphasis supplied); see also Funes v. Francis, No. 25-cv-7429, 2025 WL 3263896, at *19 (S.D.N.Y. Nov. 24, 2025). Because the parties have not addressed this issue beyond the footnote in Respondents' letter response, the Court will provide the parties an opportunity to submit supplemental briefing on this issue by January 19, 2026 at Noon. Respondents' submission shall include the DHS, ERO Delegation Order dated July 19, 2025, issued by Nathalie Asher, the Executive Associate Director of ICE Enforcement and Removal Operations, which appears at Zhang, No. 25-cv-06781 (E.D.N.Y. Nov. 19, 2025), ECF No. 22. Respondents must also address why this Court should not order Mr. Normatov's release in light of the fact that the Notice of Revocation was signed by an ICE Assistant Field Director who was not delegated authority to revoke Petitioner's Order of Supervision. The 2:00 PM hearing on the Petition on January 20, 2026 remains in place. Ordered by Judge Nusrat J. Choudhury on 1/17/2026. (JEG)
Jan 17, 2026
Order(Other)
#27
Jan 18, 2026
Memorandum in Support
Main Document: Memorandum in Support
Jan 18, 2026
ORDER: In light of Respondents' submission in response to the Court's Order to Show Cause (ECF No. 25), counsel for Respondents are respectfully directed to produce at the hearing scheduled for January 20, 2026 at 2:00 PM, both Assistant Field Office Director Bryan J. Flanagan and Officer "M. Zabbia," who is identified on the proof of service that appears at ECF No. 25-2 at 3 and signed the "Alien Informal Interview" document that appears at ECF No. 25-3. Both Flanagan and Zabbia shall appear in-person in Courtroom 1040 of the Alfonse DAmato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. Ordered by Judge Nusrat J. Choudhury on 1/18/2026. (JEG)
Jan 18, 2026
Order(Other)
#28
Jan 19, 2026
Letter
Main Document: Letter
#29
Jan 19, 2026
Stipulation of Dismissal
Main Document: Stipulation of Dismissal
#30
Jan 19, 2026
Adjourn Conference
Main Document: Adjourn Conference
Jan 19, 2026
ORDER. The Court has been apprised that Mr. Normatov has been released from ICE detention as of 5:30 p.m. on January 19, 2026. (See ECF No. 30 .) The parties have also filed a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (See ECF No. 29 .) In light of his release, Mr. Normatov's Petition for a writ of habeas corpus seeking his release from ICE custody pursuant to 28 U.S.C. § 2241. (ECF No. 1 ) is now moot. This action is therefore dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) in light of the parties' Stipulation of Dismissal (ECF No. 29 ). Accordingly, all deadlines and hearings in this matter are adjourned. The Clerk of Court shall close this case. Ordered by Judge Nusrat J. Choudhury on 1/19/2026. (JEG)
Jan 19, 2026
Order Dismissing Case AND Order on Motion to Adjourn Conference
Jan 22, 2026
~Util - Terminate Civil Case