Southern District of New York • 1:26-cv-00395

E.S.C. v. Genalo

Completed

Case Information

Filed: January 15, 2026
Assigned to: Margaret M. Garnett
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Completed: July 08, 2026
Last Activity: July 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 15, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32270027) Request for emergency relief to be separately filed..Document filed by E.S.C.. (Attachments: # 1 Exhibit Bond Order, # 2 Exhibit Bond revocation, # 3 Exhibit Notice of hearing April 2026, # 4 Exhibit Notice of hearing Jan 2026, # 5 Exhibit Helland Memo, # 6 Exhibit EOIR memo, # 7 Exhibit NTA).(Lampert, Alexandra) (Entered: 01/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 15, 2026
EMERGENCY MOTION for Temporary Restraining Order to enjoin imminent ICE redetention., EMERGENCY MOTION for Preliminary Injunction to enjoin imminent ICE redetention. Document filed by E.S.C...(Lampert, Alexandra) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 01/15/2026)
Main Document: Preliminary Injunction AND Temporary Restraining Order
#3
Jan 15, 2026
CIVIL COVER SHEET filed..(Lampert, Alexandra) (Entered: 01/15/2026)
Main Document: Civil Cover Sheet
#4
Jan 15, 2026
MOTION to Seal to proceed via pseudonym E.S.C.. Document filed by E.S.C.. (Attachments: # 1 Proposed Order proposed order granting petitioners motion for leave to proceed via initials).(Lampert, Alexandra) (Entered: 01/15/2026)
Main Document: Seal
#5
Jan 15, 2026
ORDER TO SHOW CAUSE: On January 15, 2026, a petition for a Writ of Habeas Corpus ("Petition") was filed pursuant to 28 U.S.C. § 2241 on behalf of E.S.C. ("Petitioner"). Dkt. No. 1. Upon consideration of the Petition and the corresponding motion for emergency relief, Dkt. No. 2, IT IS HEREBY ORDERED that:1.Respondents show cause why the Petition should not be granted by January 21,2026.2.Petitioner have an opportunity to reply by January 23, 2026.3.The parties APPEAR before this Court for a hearing on the petition on Wednesday,January 28, 2026, at 3:00 p.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007.4.To preserve the status quo, Respondents are hereby RESTRAINED from detaining Petitioner, or, if Petitioner has already been detained as of the time of this Order,Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York and, relatedly, the United States of America, absent further order of the Court. By January 16, 2026, Petitioner's counsel is directed (1) to serve Respondents with a copy of the Petition, along with a copy of this Order, by overnight mail or hand-delivery to the United States Attorney's Office for the Southern District of New York at 86 Chambers Street, New York, NY, and by electronic delivery to jeffrey.oestericher@usdoj.gov and brandon.waterman@usdoj.gov; and (2) to promptly file proof of such service on the docket.Counsel for Respondents shall promptly enter notices of appearance. (Responses due by 1/21/2026, Replies due by 1/23/2026., Show Cause Hearing set for 1/28/2026 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett.) (Signed by Judge Margaret M. Garnett on 1/15/2026) (rro) (Entered: 01/16/2026)
Main Document: Order to Show Cause AND ~Util - Set Deadlines/Hearings
Jan 15, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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 15, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Alexandra Lynn Lampert. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
Jan 15, 2026
Notice to Attorney to Submit/File Civil Cover Sheet
Jan 15, 2026
Case Opening Initial Assignment Notice
Jan 15, 2026
Case Designated ECF. (pc)
Jan 15, 2026
Magistrate Judge Henry J. Ricardo 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)
#6
Jan 16, 2026
NOTICE OF APPEARANCE by Alyssa O'Gallagher on behalf of Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 01/16/2026)
Main Document: Notice of Appearance
#7
Jan 16, 2026
LETTER MOTION for Extension of Time addressed to Judge Margaret M. Garnett from Alyssa B. O'Gallagher dated January 16, 2026. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 01/16/2026)
Main Document: Extension of Time
#8
Jan 20, 2026
ORDER granting 7 Letter Motion for Extension of Time. GRANTED. Respondents shall respond to the Petition by February 4, 2026. Petitioner may file a reply by February 20, 2026. The hearing previously scheduled for January 28, 2026 is hereby ADJOURNED to Wednesday, March 4, 2026, at 11:00 a.m. T he Temporary Restraining Order entered on January 15, 2026 (Dkt. No. 5), shall remain in effect during the pendency of Petitioner's Order to Show Cause, or until the Court orders otherwise. SO ORDERED. (Signed by Judge Margaret M. Garnett on 1/20/2026) (jca) (Entered: 01/20/2026)
Main Document: Order on Motion for Extension of Time
#9
Feb 03, 2026
LETTER MOTION for Extension of Time addressed to Judge Margaret M. Garnett from Alyssa B. O'Gallagher dated February 3, 2026. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 02/03/2026)
Main Document: Extension of Time
#10
Feb 04, 2026
ORDER granting 9 Letter Motion for Extension of Time. GRANTED. Respondents shall respond to the Petition by February 18, 2026. Petitioner may file a reply by March 6, 2026. The hearing previously scheduled for March 4, 2026 is hereby ADJOURNED to Wednesday, March 18, 2026, at 9:30 a.m. The Temporary Restraining Order entered on January 15, 2026 (Dkt. No. 5) shall remain in effect, with the Government's consent, until the Court orders otherwise. SO ORDERED. (Signed by Judge Margaret M. Garnett on 2/4/2026) (mml) (Entered: 02/04/2026)
Main Document: Order on Motion for Extension of Time
Feb 04, 2026
Set/Reset Deadlines: Pamela Bondi answer due 2/18/2026; Kenneth Genalo answer due 2/18/2026; Todd M. Lyons answer due 2/18/2026; Kristi Noem answer due 2/18/2026. Replies due by 3/6/2026. Set/Reset Hearings: (Show Cause Hearing set for 3/18/2026 at 09:30 AM before Judge Margaret M. Garnett.) (mml)
#11
Feb 12, 2026
ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYM granting 4 Motion to Seal. Upon consideration of Petitioner's Motion for Leave to Proceed Under Pseudonym and for good cause shown, the motion is GRANTED. It is hereby ORDERED that Petitioner is given leave to proceed under the pseudonym E.S.C. It is so ORDERED. (Signed by Judge Margaret M. Garnett on 2/12/2026) (mml)
Main Document: Order on Motion to Seal
#12
Feb 13, 2026
LETTER MOTION for Extension of Time addressed to Judge Margaret M. Garnett from Alyssa B. O'Gallagher dated February 13, 2026. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 02/13/2026)
Main Document: Extension of Time
#13
Feb 17, 2026
ORDER granting 12 Letter Motion for Extension of Time. GRANTED. Respondents shall respond to the Petition by February 25, 2026. Petitioner may file a reply by March 13, 2026. The hearing previously scheduled for March 18, 2026, is hereby ADJOURNED to Wednesday, March 25, 2026, at 9:30 a.m. The Tempora1y Restraining Order entered on January 15, 2026 (Dkt. No. 5) shall remain in effect, with the Government's consent, until the Court orders otherwise. SO ORDERED. (Signed by Judge Margaret M. Garnett on 2/17/2026) (jca) (Entered: 02/17/2026)
Main Document: Order on Motion for Extension of Time
Feb 17, 2026
Set/Reset Deadlines: Pamela Bondi answer due 2/25/2026; Kenneth Genalo answer due 2/25/2026; Todd M. Lyons answer due 2/25/2026; Kristi Noem answer due 2/25/2026.( Replies due by 3/13/2026.), Set/Reset Hearings:( Show Cause Hearing set for 3/25/2026 at 09:30 AM before Judge Margaret M. Garnett.) (jca)
#14
Feb 25, 2026
LETTER MOTION for Extension of Time addressed to Judge Margaret M. Garnett from Alyssa B. O'Gallagher dated February 25, 2026. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 02/25/2026)
Main Document: Extension of Time
#15
Feb 26, 2026
ORDER granting 14 Letter Motion for Extension of Time. GRANTED. Respondents shall respond to the Petition by March 11, 2026. Petitioner may file a reply by March 27, 2026. The hearing previously scheduled for March 25, 2026, is hereby ADJOURNED to Wednesday, April 8, 2026 at 9:30 a.m. The Temporary Restraining Order entered on January 15, 2026 (Dkt. No. 5) shall remain in effect, with the Government's consent, until the Court orders otherwise. SO ORDERED.. (Signed by Judge Margaret M. Garnett on 2/26/2026) (ks) (Entered: 02/26/2026)
Main Document: Order on Motion for Extension of Time
Feb 26, 2026
Set/Reset Deadlines: Pamela Bondi answer due 3/11/2026; Kenneth Genalo answer due 3/11/2026; Todd M. Lyons answer due 3/11/2026; Kristi Noem answer due 3/11/2026.( Replies due by 3/27/2026.), Set/Reset Hearings:( Show Cause Hearing set for 4/8/2026 at 09:30 AM before Judge Margaret M. Garnett.) (ks)
#16
Mar 11, 2026
LETTER MOTION for Extension of Time addressed to Judge Margaret M. Garnett from Alyssa B. O'Gallagher dated March 11, 2026. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 03/11/2026)
Main Document: Extension of Time
#17
Mar 12, 2026
ORDER granting 16 Letter Motion for Extension of Time. GRANTED. Respondents shall respond to the Petition by March 25, 2026. Petitioner may file a reply by April 10, 2026. The hearing previously scheduled for April 8, 2026, is hereby ADJOURNED to Wednesday, April 22, 2026 at 9:30 a.m. The Temporary Restraining Order entered on January 15, 2026 (Dkt. No. 5) shall remain in effect, with the Government's consent, until the Court orders otherwise. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/12/2026) (mml) (Entered: 03/12/2026)
Main Document: Order on Motion for Extension of Time
Mar 12, 2026
Set/Reset Deadlines: Pamela Bondi answer due 3/25/2026; Kenneth Genalo answer due 3/25/2026; Todd M. Lyons answer due 3/25/2026; Kristi Noem answer due 3/25/2026. (Replies due by 4/10/2026.), Set/Reset Hearings: (Show Cause Hearing set for 4/22/2026 at 09:30 AM before Judge Margaret M. Garnett.) (mml)
#18
Mar 25, 2026
RESPONSE re: 1 Petition for Writ of Habeas Corpus, . Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit A - I-213, # 2 Exhibit B - I-862, # 3 Exhibit C - I-200, # 4 Exhibit D- I-830E, # 5 Exhibit E - Bond Order, # 6 Exhibit F - Bond Order).(O'Gallagher, Alyssa) (Entered: 03/25/2026)
Main Document: Response (non-motion)
#19
Mar 25, 2026
MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus, . Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 03/25/2026)
Main Document: Memorandum of Law in Opposition (non-motion)
#20
Mar 25, 2026
DECLARATION of Timothy Nevin in Opposition re: 1 Petition for Writ of Habeas Corpus,. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 03/25/2026)
Main Document: Declaration in Opposition (non-motion)
#21
Mar 27, 2026
MOTION for Leave to Appear Counsel for Petitioner . Document filed by E.S.C...(Sheild, Melinda) Modified on 4/1/2026 (kv). (Entered: 03/27/2026)
Main Document: Appear
#22
Apr 10, 2026
LETTER MOTION for Extension of Time to File Response/Reply to the Government's Opposition addressed to Judge Margaret M. Garnett from Petitioner dated April 10, 2026. Document filed by E.S.C...(Sheild, Melinda) (Entered: 04/10/2026)
Main Document: Extension of Time to File Response/Reply
#23
Apr 10, 2026
ORDER granting 22 Letter Motion for Extension of Time to File Response Reply. GRANTED. Petitioner's deadline to file its Reply to the Government's Opposition is hereby extended to April 17, 2026. The hearing currently scheduled for April 22, 2026 is hereby ADJOURNED and rescheduled for Wednesday, April 29, 2026 at 9:30 a.m. The parties are reminded that a motion for an extension is due at least two (2) business days before the deadline. The Court may deny future extension requests on the basis of untimeliness alone. SO ORDERED. Replies due by 4/17/2026. (Signed by Judge Margaret M. Garnett on 4/10/2026) (kv) (Entered: 04/10/2026)
Main Document: Order on Motion for Extension of Time to File Response/Reply
Apr 10, 2026
Set/Reset Hearings: Show Cause Hearing set for 4/29/2026 at 09:30 AM before Judge Margaret M. Garnett. (kv)
#24
Apr 17, 2026
REPLY MEMORANDUM OF LAW in Support of Petition. Document filed by E.S.C...(Sheild, Melinda) (Entered: 04/17/2026)
Main Document: Reply Memorandum of Law in Support (non-motion)
Apr 27, 2026
Order
Apr 27, 2026
ORDER: The show cause hearing scheduled for April 29, 2026 at 9:30 a.m. will take place in Courtroom 1105 at the Thurgood Marshall U.S. Courthouse at 40 Foley Square. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (kv)
#25
Apr 28, 2026
LETTER MOTION to Adjourn Conference addressed to Judge Margaret M. Garnett from Alyssa B. O'Gallagher dated April 28, 2026. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 04/28/2026)
Main Document: Adjourn Conference
#26
Apr 29, 2026
ORDER At the request of the parties, the hearing previously scheduled for April 29, 2026, at 9:30 a.m. is ADJOURNED. The parties are ORDERED to submit a status letter by May 1, 2026, proposing a new time for the hearing or otherwise informing the Court of any next steps in this case. Any party who wishes to supplement their position in light of the Second Circuit's opinion in Cunha v. Freden, No. 25-3141-pr, may do so by May 5, 2026, in a letter of no more than 5 pages. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 04/29/2026)
Apr 29, 2026
Order
#27
May 01, 2026
LETTER addressed to Judge Margaret M. Garnett from Alyssa B. OGallagher dated May 1, 2026 re: Proposed Date for Rescheduled Hearing. Document filed by Pamela Bondi, Kenneth Genalo, Todd M. Lyons, Kristi Noem..(O'Gallagher, Alyssa) (Entered: 05/01/2026)
Main Document: Letter
#28
May 04, 2026
ORDER All counsel are hereby ORDERED to appear for an in-person hearing on Friday, May 8, 2026, at 2:30 p.m. The hearing will be held in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 05/04/2026)
May 04, 2026
Order
#29
May 08, 2026
Adjourn Conference
Main Document: Adjourn Conference
May 08, 2026
Order
#31
May 22, 2026
Letter
Main Document: Letter
#32
May 27, 2026
Memo Endorsement
Main Document: Memo Endorsement
#33
Jun 05, 2026
Letter
Main Document: Letter
#34
Jun 09, 2026
Memo Endorsement
Main Document: Memo Endorsement
#35
Jun 18, 2026
Notice of Appearance
Main Document: Notice of Appearance
#36
Jun 25, 2026
Letter
Main Document: Letter
#37
Jul 01, 2026
Memo Endorsement
Main Document: Memo Endorsement
#38
Jul 06, 2026
Letter
Main Document: Letter
#39
Jul 07, 2026
Stipulation of Voluntary Dismissal
Main Document: Stipulation of Voluntary Dismissal