Southern District of New York • 1:26-cv-00244

#1

Jan 12, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00) Document filed by Julio Cesar Arnedo.(tro) (Entered: 01/12/2026)

#2

Jan 12, 2026

CIVIL COVER SHEET filed. (tro) (Entered: 01/12/2026)

#3

Jan 12, 2026

MOTION for Temporary Restraining Order. Document filed by Julio Cesar Arnedo. (Attachments: # 1 Exhibit Proposed Order)(tro) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 01/12/2026)

#4

Jan 12, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (tro) (Entered: 01/12/2026)

#5

Jan 12, 2026

ORDER TO ANSWER, 28 U.S.C. § 2241... Through next friend, Karen Polo, Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that: (1)Within two business days of the date of this Order, Respondents shall file a letter with the following information: a.whether Petitioner was, as the Petition alleges, see Dkt. No. 1 12, 24, located in the Southern District of New York at the time that the Petition was filed and, if not, what District Petitioner was in at the time of filing and whether the Petition should be immediately transferred to that District, see, e.g., ztürk v. Hyde, 136F.4th 382, 391-92 (2d Cir. 2025); Khalil v. Joyce, 771 F. Supp. 3d 268 (S.D.N.Y.2025); b.Petitioner's A-number, current place of detention, and a contact person who can facilitate prospective counsel's access to Petitioner; c.the statutory provision(s) under which Respondents assert the authority to detain Petitioner; d.If the asserted basis for Petitioner's detention is 8 U.S.C. § 1225(b)(2)(A),whether there is any basis to distinguish this case from Tumba v. Francis, 2025WL 3079014 (S.D.N.Y. Nov. 4, 2025). If not, whether Respondents would consent to issuance of the writsubject to preservation of Respondents' arguments for appeal. If there is a basis to distinguish, whether Respondents waive the right to submit an answer and consent to issuance of the writ subject to preservation of Respondents' arguments for appeal. e.a copy of any final order of removal; and f.any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings The parties shall then appear for a case management conference with the Court on January 15, 2026, at 12:00 PM. The conference will proceed remotely. Parties are directed to dial into the Courts teleconference number at 646-453-4442, use conference ID# 358639322, and follow the necessary prompts. The Government will arrange for the participation of Petitioner and, if necessary, for an interpreter. The next friend will also be permitted to participate. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-CV-0644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828 (DEH), 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g., Arostegui- Maldonado v. Baltazar, No. 25-CV-2205 (WJM) (STV), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117 (BLF), 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). All communications with the Court by a pro se party should be filed with the Pro Se Intake Unit by either (1) emailing the communication as an attachment in PDF format to ProSe@nysd.uscourts.gov (for instructions, see https:// nysd.uscourts.gov/forms/instructions-filing-documents-email); (2) mailing the communication to the Pro Se Intake Unit, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007; or (3) hand-delivering the communication to the Pro Se Intake Unit. No documents or court filings should be sent directly to Chambers. Copies of correspondence between a pro se party and counsel shall not be sent to the Court. The Court finds that the appointment of pro bono counsel is appropriate in this case. In making this finding, the Court has considered the factors set forth in Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986), which include: "(1) whether the party's claim has substantial merit; (2) whether the nature of the factual issues requires an investigation, and whether the party's ability to investigate is inhibited; (3) whether the claim's factual issues turn on credibility, which benefits from the skills of those trained in presentation of evidence and cross examination; (4) the party's overall ability to present its case; and (5) whether the legal issues presented are complex." Garcia v. USICE (Dep't of Homeland Sec.), 669 F.3d 91, 9899 (2d Cir. 2011). The Court finds that the Hodge factors weigh in favor of seeking pro bono counsel for Petitioner. In particular, the location of Petitioner's detention, both currently and at the time the petition was filed, presents complex jurisdictional and other legal questions. Moreover, Petitioner's abilities to present his case and conduct any related fact investigation are significantly limited due to his detention and the emergency nature of his petition. Thus, in this case, representation would "lead to a quicker and more just result by sharpening the issues[.]" Hodge, 802 F.2d at 61. Accordingly, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. It should be noted that the Court does not have the authority to "appoint" counsel, but instead, may only "request" that an attorney volunteer to represent a litigant pro bono. Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 301 (1989). There is no guarantee that a volunteer attorney will decide to take the case or that, should the services of the volunteer be declined, the court will locate another. In either instance, Petitioner should be prepared to proceed with the case pro se. If an attorney volunteers, the attorney will contact Petitioner, or her next friend, directly. If Petitioner has already successfully secured counsel on his own, or otherwise does not wish the Court to seek volunteers for pro bono counsel, he should inform the Court as soon as possible. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. See https:// nysd.uscourts.gov/forms/pro-bono-fund-order. If this case has been settled or otherwise terminated, the parties are not required to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the date of the conference, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App'x A, available at http://nysd.uscourts.gov/ ecf_filing.php. 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. Within two business days of the date of this Order, Respondents shall file a letter with the Court with the information described in this Order. The Court directs the Clerk of Court to mail a copy of this Order to Petitioner at the following addresses: - 3409 83rd Street, Apt. B42, Jackson Heights, NY 11368 - 4131 Junction Boulevard, Corona, NY 11368 - ATTN: Julio Cesar Arnedo, A-Number: 220875525, Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924 The Court also directs the Clerk of Court to mail Petitioner an information package. (Case Management Conference set for 1/15/2026 at 12:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 1/12/2026) (tro) (Entered: 01/12/2026)

#6

Jan 12, 2026

HABEAS PACKAGE MAILED to Julio Cesar Arnedo A#220 875 525 3409 83rd Street, Apt. B42, Jackson Heights, NY 11368; Julio Cesar Arnedo A#220 875 525 4131 Junction Boulevard, Corona, NY 11368; Julio Cesar Arnedo A#220 875 525 Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924 at, on 1/12/2026 Re: 5 Order to Answer, 28 U.S.C. 2241, Set Hearings, Appearance of Pro Bono Counsel. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb) (Entered: 01/12/2026)

Jan 12, 2026

Case Designated ECF. (tro)

Jan 12, 2026

Transmission to Pro Se Assistants

Jan 12, 2026

Mailing Receipt

Jan 12, 2026

Note Regarding Service on Self-Represented Party

Jan 12, 2026

Pro Se Payment of Fee - Processed

Jan 12, 2026

MAILING RECEIPT: Document No: 6. Mailed to: Julio Cesar Arnedo A#220875525 ; Karen Polo 75-18 Roosevelt Avenue Jamaica, NY 11372. (tro)

Jan 12, 2026

Transmission to Pro Se Assistants. Transmitted re: 5 Order to Answer, 28 U.S.C. 2241, Set Hearings, Appearance of Pro Bono Counsel, to the Pro Se Assistants for processing. (tro)

Jan 12, 2026

Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 01/12/2026, Receipt Number 45989. (ss)

Jan 12, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(tro)

Jan 12, 2026

Magistrate Judge Jennifer Willis 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. (tro)

#7

Jan 13, 2026

Notice of Appearance of Pro Bono Counsel

Jan 13, 2026

MAILING RECEIPT: Document No: 4,5. Mailed to: Julio Cesar Arnedo A#220875525 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924; Karen Polo 75-18 Roosevelt Avenue Jamaica, NY 11372. (ne)

Jan 13, 2026

Mailing Receipt

#8

Jan 14, 2026

Notice of Appearance

#9

Jan 14, 2026

Adjourn Conference

#10

Jan 14, 2026

Adjourn Conference

#11

Jan 14, 2026

Order AND ~Util - Set Deadlines/Hearings

#12

Jan 15, 2026

Letter

#13

Jan 15, 2026

Memo Endorsement

#14

Jan 15, 2026

Judgment - Clerk

Jan 15, 2026

Transmission to Orders and Judgments Clerk

Jan 16, 2026

Mailing Receipt

Feb 05, 2026

Received Returned Mail

Feb 12, 2026

Received Returned Mail