Southern District of New York • 1:26-cv-00320

Franco v. Lyons

Completed

Case Information

Filed: January 14, 2026
Assigned to: Dale E. Ho
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in Habeas Corpus: INS
Completed: January 20, 2026
Last Activity: January 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 14, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32257877) Request for emergency relief to be separately filed..Document filed by FRANCISCO FRANCO..(Hecht, Leonard) (Entered: 01/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 14, 2026
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Hecht, Leonard) Modified on 1/14/2026 (pc). (Entered: 01/14/2026)
Main Document: Civil Cover Sheet
#3
Jan 14, 2026
CIVIL COVER SHEET filed..(Hecht, Leonard) (Entered: 01/14/2026)
Main Document: Civil Cover Sheet
#4
Jan 14, 2026
NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on January 20, 2026 at 2:00 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents are ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by Saturday, January 17, 2026. See 28 U.S.C. § 2243. If Respondents take the position that the outcome of this Petition is controlled by Lopez Benitez v. Francis, 795 F. Supp. 3d 475 (S.D.N.Y. 2025), then their submission may take the form of a letter conceding that point. See Goorakani v. Lyons, --- F. Supp. 3d ---, 2025 WL 3632896, at *6-7 (S.D.N.Y. Dec. 15, 2025). Petitioner shall have an opportunity to reply, if necessary, by Monday, January 19, 2026. By today, January 14, 2025, Petitioner's counsel is DIRECTED (1) to serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail, and (2) to promptly file proof of such service in the docket. Counsel for Respondents shall promptly enter notices of appearance. 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 Eastern District of New York, or the District of New Jersey absent further order of this Court. As further set forth in this Order. In accordance with the Court's Individual Rules and Practices, requests for an extension or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties' next scheduled appearance before the Court. Unless counsel are notified that the conference has been adjourned, it will be held as scheduled. SO ORDERED (Show Cause Response due by 1/17/2026.) ( Replies due by 1/19/2026.) (Show Cause Hearing set for 1/20/2026 at 02:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 1/14/2026) (nm) (Entered: 01/14/2026)
Main Document: Order to Show Cause AND ~Util - Set Deadlines/Hearings
#5
Jan 14, 2026
AFFIDAVIT OF SERVICE. United States Department of Justice served on 1/14/2026, answer due 3/16/2026. Service was made by email and overnight mail. Document filed by Francisco Franco..(Hecht, Leonard) (Entered: 01/14/2026)
Main Document: Affidavit of Service as to USA
Jan 14, 2026
Case Designated ECF. (pc)
Jan 14, 2026
Magistrate Judge Barbara C. Moses 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. (pc)
Jan 14, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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..(pc)
Jan 14, 2026
Notice to Attorney Regarding Deficient Civil Cover Sheet
Jan 14, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Leonard Henry Hecht. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
Jan 14, 2026
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Leonard Henry Hecht. 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 New York;. (pc)
Jan 14, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Leonard Henry Hecht. The party information for the following party/parties has been modified: FRANCISCO FRANCO, Todd M. Lyons, Secretary Kristi Noem, Pamela J. Bondi. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc)
Jan 14, 2026
Case Opening Initial Assignment Notice
Jan 14, 2026
Notice to Attorney to Submit/File Civil Cover Sheet
Jan 14, 2026
Notice to Attorney Regarding Case Opening Statistical Error Correction
Jan 14, 2026
Notice to Attorney Regarding Party Modification
Jan 14, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Leonard Henry Hecht to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Office was not selected, civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
#6
Jan 17, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Jan 17, 2026
Transfer Case
Main Document: Transfer Case
#8
Jan 17, 2026
Memorandum of Law in Support of Motion
Main Document: Memorandum of Law in Support of Motion
#9
Jan 17, 2026
Declaration in Support of Motion
Main Document: Declaration in Support of Motion
#10
Jan 19, 2026
Memorandum of Law in Opposition to Motion
Main Document: Memorandum of Law in Opposition to Motion
#11
Jan 20, 2026
Order on Motion to Transfer Case
Main Document: Order on Motion to Transfer Case
Jan 28, 2026
Case Transferred Out - District Transfer
Jan 29, 2026
Received Acknowledgment (Electronic Case Transfer)