Eastern District of New York • 2:26-cv-00250

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Jan 15, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19814012, filed by LUZ MARY VALDES ACEVEDO. (Kelman, Lorne) (Entered: 01/15/2026)

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Jan 15, 2026

Civil Cover Sheet by Luz Mary Valdes Acevedo(Kelman, Lorne) (AC) Modified on 1/16/2026 (AC). (Entered: 01/16/2026)

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Jan 15, 2026

Proposed Summons. by LUZ MARY VALDES ACEVEDO (Kelman, Lorne) (Entered: 01/15/2026)

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Jan 16, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (AC) (Entered: 01/16/2026)

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Jan 16, 2026

Summons Issued as to Department of Homeland Security, Department of Justice, Nassau Correctional Center. (AC) (Entered: 01/16/2026)

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Jan 16, 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 19, 2026 at 5:00 pm. Petitioner's Reply, if any, shall be filed by Tuesday, January 20, 2026 at 5:00 pm. Respondents' response to this Order to show cause must identify the statutory basis they are asserting for detaining Petitioner, whether 8 U.S.C. § 1225(b)(1), 8 U.S.C. § 1225(b)(2), 8 U.S.C. § 1226(c), and/or some other provision of the Immigration and Nationality Act. Respondents must also include all documents material to their asserted statutory basis for detaining Petitioner in their filing. The parties are further ORDERED TO appear before this Court for a hearing on the petition on Wednesday, January 21, 2026 at 12:00 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, Petitioner's 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 1/16/2026. (MMC) (Entered: 01/16/2026)

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Jan 16, 2026

Letter EDNY proper venue by Luz Mary Valdes Acevedo (Kelman, Lorne) (Entered: 01/16/2026)

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Jan 16, 2026

AFFIDAVIT of Service for Order Show Cause Sumons & Petition served on Nassau County Correctional Center, United States Department of Homeland Security, United States Department of Justice on 01/16/2026, filed by Luz Mary Valdes Acevedo. (Kelman, Lorne) (Entered: 01/16/2026)

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Jan 16, 2026

NOTICE of Appearance by Thomas Russell Price on behalf of Department of Homeland Security, Department of Justice (aty to be noticed) (Price, Thomas) (Entered: 01/16/2026)

Jan 16, 2026

Case Assigned/Reassigned

Jan 16, 2026

Order(Other)

Jan 16, 2026

Case Assigned to Judge Nusrat J. Choudhury. 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. (AC)

Jan 16, 2026

ORDER: The Court has reviewed Petitioner's January 16, 2026 letter informing the Court that Petitioner has been transferred to Pennsylvania. By Saturday, January 17, 2026 at 12:00 pm, Respondents must file a letter on the docket informing the Court of the current status and location of Petitioner's detention. The Clerk of Court is directed to email this Order 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 1/16/2026. (MMC)

Jan 16, 2026

ORDER: Petitioner's counsel is directed to notify the Court by 5:00 pm on Monday, January 19, 2026, whether Petitioner requires a court interpreter for the hearing scheduled before the undersigned on January 21, 2026 at 12:00 pm. Ordered by Judge Nusrat J. Choudhury on 1/16/2026. (MMC)

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Jan 17, 2026

Letter

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Jan 18, 2026

Letter

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Jan 18, 2026

Exhibit List

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Jan 18, 2026

Change Venue

Jan 19, 2026

Order(Other)

#14

Jan 20, 2026

Response in Opposition to Motion

Jan 20, 2026

Order(Other)

#15

Jan 21, 2026

Letter

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Jan 21, 2026

Declaration

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Jan 21, 2026

Letter

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Jan 22, 2026

Letter

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Jan 22, 2026

Letter

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Jan 24, 2026

Order on Motion to Change Venue

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Jan 24, 2026

Extension of Time to File Response/Reply

Jan 24, 2026

MINUTE ENTRY: The Court held a hearing on Respondents' Motion to Change Venue (("Motion"), ECF No. 13 ) on January 21, 2026 at 12:00 PM in the Alfonse D'Amato Courthouse in Central Islip, Courtroom 1040. Lorne Kelman appeared for Petitioner, Luz Mary Valdes Acevedo. Ms. Valdes Acevedo appeared via Zoom from the Moshannon Valley Processing Center in Philipsburg, Pennsylvania. Interpreter Nicolas Penchaszadeh was sworn in and translated for Petitioner from Spanish. Thomas Price appeared for Respondents. Court Reporter Denise Parisi was also present. The Court heard argument from the parties regarding Respondents' Motion and Respondents' representations regarding the location of Ms. Valdes Acevedo at the time her habeas petition was filed. The Court also heard testimony from the following witnesses: Mary Stephany Cardona Valdes Acevedo, Martin Alejandro Rios Valdes, Juan Carlos Cardona Valdes, and Ms. Valdes Acevedo.At the conclusion of the hearing, the Court informed the parties that they are permitted to provide any supplemental filings in support of their positions on Respondents Motion to Change Venue, which will be resolved promptly. (MMC)

Jan 24, 2026

ORDER: The Court has reviewed Respondents' motion seeking an extension of time to respond to the Court's Order to Show Cause why Petitioner's Writ of Habeas Corpus should not be granted. (ECF No. 21 .) Respondents' motion does not indicate whether Respondents' conferred with Petitioner prior to filing the motion and whether Petitioner consents, as required by this Court's Individual Rule 1.7.1. The motion is denied without prejudice and leave to renew after Respondents meet and confer with Petitioner. Ordered by Judge Nusrat J. Choudhury on 1/24/2026. (MMC)

Jan 24, 2026

Motion Hearing

Jan 24, 2026

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

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Jan 25, 2026

Extension of Time to File Response/Reply

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Jan 26, 2026

Response in Opposition to Motion

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Jan 26, 2026

Order(Other)

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Jan 26, 2026

Order(Other)

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Jan 26, 2026

Reply in Opposition

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Jan 26, 2026

Letter

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Jan 26, 2026

Reply in Support

Jan 26, 2026

Order(Other)

Jan 26, 2026

1 - Terminate Deadlines and Hearings AND ~Util - Set Scheduling Order Deadlines

Jan 26, 2026

Order on Motion for Extension of Time to File Response/Reply AND ~Util - Set Hearings

Jan 26, 2026

ORDER: The Court has reviewed Respondents' Reply in Opposition ("Reply") to the Petition for a Writ of Habeas Corpus ("Petition") (ECF No. 26 .) Respondents seek to incorporate by reference arguments made by the Respondents in Gopie v. Lyons, No. 25-cv-5229, 2025 WL 3167130 (E.D.N.Y. Nov. 13, 2025), an action that was before Judge Sanket Bulsara of this District, yet fail to provide those arguments or even the briefs filed in that action to the Court. Such cursory reference to briefing provided to another judge in an unrelated action that was not handled by the undersigned is insufficient. Respondents must file on the docket in this action the specific arguments advanced in Gopie that Respondents seek to advance here. These submissions must be filed immediately as Respondents' deadline to respond to the Petition has already passed, and these submissions are therefore overdue. Ordered by Judge Nusrat J. Choudhury on 1/26/2026. (MMC)

Jan 26, 2026

MINUTE ENTRY AND ORDER: The Court held a status conference on January 26, 2026 via Cisco Teleconference Line concerning how and when Respondents will make Petitioner available for confidential communications with counsel prior to the January 28, 2026 hearing on the Petition for a Writ of Habeas Corpus ("Petition"). Lorne Kelman appeared for Petitioner. Thomas Price appeared for Respondents Department of Homeland Security and Department of Justice (together, "Federal Respondents"). Respondents reported that Petitioner will be made available to speak to counsel via video conference on January 26 and January 27, 2026. Petitioner's counsel raised concerns that such arrangements may not permit confidential communications. The parties are ordered to appear for a follow-up status conference on January 26, 2026 4:30 pm at which Respondents will confirm when Petitioner will be brought to Court for the January 28, 2025 hearing and when and how ICE will make arrangements for Petitioner to meet with counsel for confidential conversations prior to the hearing. The parties must call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted. Further, the hearing on the Petition scheduled for 10:30 am on January 28, 2026 is hereby rescheduled to January 28, 2026 at 11:30 am. The hearing will take place on Courtroom 1040 of the Alfonse D'Amato Courthouse in Central, Islip. Respondents must produce Petitioner to Court for the hearing as set forth in a separate Order to Produce. Ordered by Judge Nusrat J. Choudhury on 1/26/2026. (MMC)

Jan 26, 2026

ORDER:The Court has reviewed Respondents' renewed Motion for an Extension of Time to file a Response to the Court's Order to Show Cause as to why the Petition for a Writ of Habeas Corpus ("Petition") should not be granted (ECF No. 22 ) and Petitioner's opposition (ECF No. 23 ). The Court grants Respondents' Motion for the sole purpose of preventing piecemeal submissions by Respondents. Respondents' response to the Order to Show Cause must be filed by January 26, 2026 at 5:00 pm. To be clear no further extensions will be granted to Respondents, as Respondents have now received two significant extensions of time. The Court's Order to Show Cause required Respondents to respond to the Petition by January 19, 2026. Respondents failed to do so, and instead filed a Motion to Change Venue that this Court denied. Respondents' first motion for an extension of time to respond to the Order to Show Cause sought a response date of January 23, 2026, which passed three days ago. In the Court's ruling on Respondents' Motion to Change Venue, the Court ordered Respondents to respond by January 24, 2026, which represented a five-day extension of time from their original January 19, 2026 deadline. Despite Respondents' failure to show good cause, the Court provides a second extension of time until January 26, 2026 at 5:00 pm in order to ensure that Respondents provide all required information such that Petitioner can respond and the Court can assess Respondents' position. There will be no further extensions of time. Petitioner's reply is due on January 27, 2026. As previously scheduled, the hearing on Petition will take place on January 28, 2026 at 10:30 am in Courtroom 1040 of the Alfonse D'Amato Courthouse in Central, Islip. Further, the parties must appear at a teleconference today, January 26, 2026, at 1:00 pm, at which Respondents must inform the Court when and how they will make Petitioner available for confidential consultation with her counsel today and tomorrow, and, if necessary, on January 28, 2026 immediately prior to the hearing before the Court and/or later that day. The parties must call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted. Ordered by Judge Nusrat J. Choudhury on 1/26/2026. (MMC)

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Jan 27, 2026

Summary Judgment

Jan 27, 2026

MINUTE ENTRY: The Court held a status conference on January 26, 2026 via Cisco Teleconference Line concerning how and when Respondents will make Petitioner available for confidential, in-person communications with her counsel prior to the January 28, 2026 hearing on the Petition for a Writ of Habeas Corpus ("Petition"). Lorne Kelman appeared for Petitioner. Thomas Price appeared for Respondents Department of Homeland Security and Department of Justice. Respondents reported that Petitioner will be transported from the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania, to the United States Courthouse for the Eastern District of New York in Central Islip, New York, and she will arrive at the courthouse at approximately 9:00 am on January 28, 2026. Petitioner and counsel are permitted to meet in the jury room associated with Courtroom 1040 as discussed on the record. (MMC)

Jan 27, 2026

Show Cause Hearing

Jan 29, 2026

Status Conference

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Jan 30, 2026

Order(Other)

Jan 30, 2026

Show Cause Hearing

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Feb 05, 2026

Transcript

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Feb 06, 2026

Transcript

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Feb 11, 2026

1 - Sealed Document - to be used ONLY in conjunction with other selection AND Order(Other)

Feb 20, 2026

Order(Other)