Southern District of New York • 1:25-cv-06582

#1

Aug 09, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31509595)Document filed by Sergio Alberto Barco Mercado. (Attachments: # 1 Exhibit ICE Detainee Locator).(Austin, Paige) (Entered: 08/09/2025)

#2

Aug 09, 2025

CIVIL COVER SHEET filed..(Austin, Paige) (Entered: 08/09/2025)

#3

Aug 09, 2025

RELATED CASE AFFIRMATION of Paige Austin re: that this action be filed as related to 1:25-cv-06568. Document filed by Sergio Alberto Barco Mercado..(Austin, Paige) (Entered: 08/09/2025)

#4

Aug 09, 2025

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Harold A. Solis on behalf of Sergio Alberto Barco Mercado.(Solis, Harold) (Entered: 08/09/2025)

#5

Aug 11, 2025

OBJECTION TO STATEMENT OF RELATEDNESS . Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 08/11/2025)

#6

Aug 11, 2025

NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 08/11/2025)

Aug 11, 2025

CASE REFERRED to Judge Lewis A. Kaplan as possibly related to 1:25-cv-6568. (gp)

Aug 11, 2025

Case Designated ECF. (gp)

Aug 11, 2025

Case Opening Initial Assignment Notice

Aug 11, 2025

Notice to Attorney Regarding Party Modification

Aug 11, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paige Austin. The party information for the following party/parties has been modified: all defendants. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)

Aug 11, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp)

#7

Aug 13, 2025

ORDER : In order to facilitate a fully informed decision, petitioner shall file a response to the government's letter of August 11 no later than 5 p.m. on August 14, 2025. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/13/25) (yv) (Entered: 08/13/2025)

#8

Aug 14, 2025

REPLY re: 5 OBJECTION TO STATEMENT OF RELATEDNESS . Document filed by Sergio Alberto Barco Mercado..(Austin, Paige) (Entered: 08/14/2025)

#9

Aug 27, 2025

LETTER addressed to Judge Lewis A. Kaplan from Petitioner Filing on Behalf of Both Parties dated 08/27/2025 re: Jointly Proposed Briefing Schedule. Document filed by Sergio Alberto Barco Mercado..(Austin, Paige) (Entered: 08/27/2025)

#10

Sep 03, 2025

LETTER addressed to Judge Lewis A. Kaplan from Rebecca S. Tinio dated September 3, 2025 re: Modified Agreed Briefing Schedule. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 09/03/2025)

#11

Sep 04, 2025

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus . Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 09/04/2025)

#12

Sep 04, 2025

DECLARATION of Michael Charles in Opposition re: 1 Petition for Writ of Habeas Corpus. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Exhibit A - July 6, 2022 Notice of Custody Determination, # 2 Exhibit B - July 6, 2022 Warrant for Arrest of Alien, # 3 Exhibit C - July 11, 2022 Notice of Custody Determination, # 4 Exhibit D - July 12, 2022 Amended Notice to Appear, # 5 Exhibit E - August 8, 2025 Warrant of Arrest, # 6 Exhibit F - August 9, 2025 Notice of Bond Cancellation).(Tinio, Rebecca) (Entered: 09/04/2025)

#13

Sep 08, 2025

LETTER MOTION for Leave to File Excess Pages in Petitioner's Reply Brief addressed to Judge Lewis A. Kaplan from Paige Austin for Petitioner dated Sep. 8, 2025. Document filed by Sergio Alberto Barco Mercado..(Austin, Paige) (Entered: 09/08/2025)

#14

Sep 09, 2025

REPLY MEMORANDUM OF LAW in Support re: 1 Petition for Writ of Habeas Corpus . Document filed by Sergio Alberto Barco Mercado..(Austin, Paige) (Entered: 09/09/2025)

#15

Sep 16, 2025

LETTER addressed to Judge Lewis A. Kaplan from Paige Austin dated 9/15/2025 re: Petitioner writes to advise the Court that the above-referenced habeas petition is now fully briefed by the parties. This case is an individual habeas action seeking immediate release for the petitioner, Sergio Barco Mercardo, who has been detained in immigration custody since August 8, 2025. The parties disputed the question of relatedness in letters, with a reply submitted on August 14, 2025. Document filed by Sergio Alberto Barco Mercado.(Mohan, Andrew) (Entered: 09/16/2025)

Sep 16, 2025

CASE ACCEPTED AS RELATED. Create association to 1:25-cv-06568-LAK. Notice of Assignment to follow. (tro)

Sep 16, 2025

Notice of Case Assignment/Reassignment

Sep 16, 2025

Magistrate Judge Katharine H. Parker 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)

Sep 16, 2025

NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (tro)

#16

Sep 26, 2025

NOTICE of Supplemental Authority. Document filed by Sergio Alberto Barco Mercado..(Austin, Paige) (Entered: 09/26/2025)

#17

Oct 03, 2025

ORDER granting 13 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis) (Entered: 10/03/2025)

Oct 03, 2025

Order on Motion for Leave to File Excess Pages

#18

Oct 07, 2025

MOTION for Preliminary Injunction Seeking Release Pursuant to Mapp v. Reno. Document filed by Sergio Alberto Barco Mercado. (Attachments: # 1 Exhibit Memorandum of Law, # 2 Exhibit Coffrin-St. Julien Declaration and Exhibits, # 3 Proposed Order Proposed Order).(Austin, Paige) (Entered: 10/07/2025)

#19

Oct 08, 2025

ORDER, The Court will conduct a hearing on petitioner's application on October 9, 2025 at 11:30 a.m. The government produce the petitioner at the hearing. It shall file any papers in response to petitioner's motion no later than 9 p.m. on October 8, 2025. SO ORDERED. ( Responses due by 10/8/2025, Status Conference set for 10/9/2025 at 11:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 10/8/25) (yv) (Entered: 10/08/2025)

#20

Oct 08, 2025

LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from Rebecca S. Tinio dated October 8, 2025. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 10/08/2025)

#21

Oct 08, 2025

ORDER granting 20 Letter Motion to Adjourn Conference. The hearing is rescheduled to 3 pm on Oct. 9, 2025. The petitioner shall not be transferred to another facility before conclusion of the hearing. (Status Conference set for 10/9/2025 at 03:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 10/8/25) (yv) (Entered: 10/08/2025)

#22

Oct 08, 2025

MEMORANDUM OF LAW in Opposition re: 18 MOTION for Preliminary Injunction Seeking Release Pursuant to Mapp v. Reno. . Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 10/08/2025)

#23

Oct 08, 2025

DECLARATION of Naeem Williams in Opposition re: 18 MOTION for Preliminary Injunction Seeking Release Pursuant to Mapp v. Reno.. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 10/08/2025)

#24

Oct 09, 2025

ORDER OF CONDITIONAL RELEASE granting 18 Motion for Preliminary Injunction. On August 9, 2025, petitioner filed a petition for a writ of habeas corpus. The matter now is before the Court on his October 7, 2025 motion for an order requiring that he immediately be released from custody, pursuant to Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001), pending the resolution of his petition for writ of habeas corpus (Dkt 18). The Court having considered the submissions of all parties and having made findings and conclusions stated on the record in open court, it is hereby: ORDERED, as follows: 1. Petitioner's motion (Dkt 18) is GRANTED to the extent hereinafter set forth. 2. Respondents immediately shall release petitioner from custody in this building without restraints on his liberty other than any that existed prior to his redetention on August 8, 2025 and those imposed by this Order. They shall file with the Clerk of Court no later than October 10, 2025 an affidavit or declaration confirming that they have released petitioner as directed. 3. Petitioner's release pursuant to this Order is conditioned on the following: (a) Petitioner shall advise the court and the United States Attorney's office for this district in writing before making any change of residence or telephone number. (b) Petitioner shall appear in this court as required and, if so ordered, shall surrender at such time and place as this court may order. (c) Petitioner shall not violate any federal, state or local criminal law. 4. Respondents shall not again take petitioner into custody absent leave of this Court. 5. Unless extended, this order shall expire three days after the date on which this Court decides petitioner's petition for a writ of habeas corpus. (Signed by Judge Lewis A. Kaplan on 10/9/2025) (ar) (Entered: 10/09/2025)

Oct 09, 2025

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Preliminary Injunction held on 10/9/2025 re: 18 MOTION for Preliminary Injunction Seeking Release Pursuant to Mapp v. Reno. filed by Sergio Alberto Barco Mercado. (Court Reporter Carly Davis) (Mohan, Andrew)

#25

Oct 10, 2025

NOTICE of Compliance with the Court's October 9, 2025 Order. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 10/10/2025)

Oct 10, 2025

Oral Argument

Nov 10, 2025

Evidentiary Hearing

#26

Nov 13, 2025

TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 10/9/2025 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carly Davis, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2025. Redacted Transcript Deadline set for 12/15/2025. Release of Transcript Restriction set for 2/11/2026..(Moya, Goretti) (Entered: 11/13/2025)

#27

Nov 13, 2025

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 10/9/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 11/13/2025)

#28

Nov 26, 2025

MEMORANDUM OPINION: Inscribed on the Statue of Liberty in New York harbor are these words: "With silent lips. 'Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send the se, the homeless, tempest-tost to me, I lift my lamp beside the golden door.'" Those words reflected U.S. immigration policy in 1903 when they were engraved. Our nation's immigration laws and policies have changed - sometimes they have become more permissive, other times less so - in the past century and a quarter. That is natural in democratic societies, as laws sometimes change to reflect the felt needs of the electorate. As often is said, elections have consequences. What remai ns the same, however, is that this is a country governed by the Constitution and the laws enacted by Congress that are in effect at any given time. No executive edict is free to override either. This Court should not be construed as expressing any v iew as to the desirability or undesirability of immigration policies of the United States - past, present, or future. It confines itself to deciding the strictly legal questions presented by this case. For the foregoing reasons, Mr. Barco's peti tion for a writ of habeas corpus (Dkt 1) is granted. Pending a final determination in his removal proceedings, Mr. Barco shall remain free of detention or any other restraint under the immigration laws of the United States to which he was not subject upon his release on bond in 2022. Mr. Barco, on or before December 31, 2025, may submit an application for fees and other expenses in accordance with the EAJA. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/26/2025) (ar)

Nov 26, 2025

Transmission to Orders and Judgments Clerk. Transmitted re: 28 Memorandum & Opinion to the Orders and Judgments Clerk. (ar)

Dec 11, 2025

Transmission to Orders and Judgments Clerk

#29

Dec 12, 2025

CLERK'S JUDGMENT re: 28 Memorandum & Opinion in favor of Sergio Alberto Barco Mercado against Kristi Noem, LaDeon Francis, Pam Bondi. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion dated November 26, 2025, Mr. Barcos petition for a writ of habeas corpus is granted. Pending a final determination in his removal proceedings, Mr. Barco shall remain free of detention or any other restraint under the immigration laws of th e United States to which he was not subject upon his release on bond in 2022. Mr. Barco, on or before December 31, 2025, may submit an application for fees and other expenses in accordance with the EAJA. (Signed by Clerk of Court Tammi M Hellwig on 12/12/2025) (Attachments: # 1 Appeal Package) (km)

Dec 12, 2025

Terminate Transcript Deadlines (km)

#30

Dec 31, 2025

LETTER addressed to Judge Lewis A. Kaplan from Rebecca Tinio dated December 31, 2025 re: Joint Request to Adjourn Briefing Deadline. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Proposed Order (Agreed Stipulation)).(Tinio, Rebecca) (Entered: 12/31/2025)

#31

Jan 06, 2026

MEMO ENDORSEMENT on re: 30 Letter, filed by Kristi Noem, Pam Bondi, LaDeon Francis. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 1/5/2026) (tro) (Entered: 01/06/2026)

#32

Jan 22, 2026

NOTICE OF APPEARANCE by Tara Schwartz on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Schwartz, Tara) (Entered: 01/22/2026)

#33

Jan 22, 2026

LETTER addressed to Judge Lewis A. Kaplan from Rebecca S. Tinio dated January 22, 2026 re: Motion to Withdraw as Counsel. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Tinio, Rebecca) (Entered: 01/22/2026)

#34

Jan 27, 2026

MEMO ENDORSEMENT on re: 33 Letter Motion to Withdraw as Counsel filed by Kristi Noem, Pam Bondi, LaDeon Francis. ENDORSEMENT ; Granted. SO ORDERED., (Attorney Rebecca Sol Tinio terminated.) (Signed by Judge Lewis A. Kaplan on 1/27/26) (yv) (Entered: 01/27/2026)

#35

Apr 27, 2026

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Oestericher, Jeffrey) (Entered: 04/27/2026)

#36

Apr 27, 2026

MOTION to Vacate 29 Clerk's Judgment,,, Based on Changed Factual Circumstances. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Oestericher, Jeffrey) (Entered: 04/27/2026)

#37

Apr 27, 2026

MEMORANDUM OF LAW in Support re: 36 MOTION to Vacate 29 Clerk's Judgment,,, Based on Changed Factual Circumstances. . Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Exhibit A - Arrest Report).(Oestericher, Jeffrey) (Entered: 04/27/2026)

#38

Apr 27, 2026

DECLARATION of SDDO Cory Baysinger in Support re: 36 MOTION to Vacate 29 Clerk's Judgment,,, Based on Changed Factual Circumstances.. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Oestericher, Jeffrey) (Entered: 04/27/2026)

#39

May 11, 2026

RESPONSE in Opposition to Motion re: 36 MOTION to Vacate 29 Clerk's Judgment,,, Based on Changed Factual Circumstances. . Document filed by Sergio Alberto Barco Mercado..(Solis, Harold) (Entered: 05/11/2026)

#40

May 14, 2026

CONSENT LETTER MOTION for Extension of Time to File Reply in Support of Respondents' Motion to Vacate or Modify the Court's Judgment addressed to Judge Lewis A. Kaplan from Tara Schwartz dated May 14, 2025. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Schwartz, Tara) (Entered: 05/14/2026)

#41

May 14, 2026

PROPOSED STIPULATION AND ORDER. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Schwartz, Tara) (Entered: 05/14/2026)

#42

May 18, 2026

ORDER granting 40 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/18/2026) (ar) (Entered: 05/18/2026)

#43

May 26, 2026

REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Vacate 29 Clerk's Judgment,,, Based on Changed Factual Circumstances. . Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Oestericher, Jeffrey) (Entered: 05/26/2026)

#44

May 26, 2026

REPLY AFFIRMATION of Supervisory Detention and Deportation Officer Cory Baysinger in Support re: 36 MOTION to Vacate 29 Clerk's Judgment,,, Based on Changed Factual Circumstances.. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Exhibit A -- OREC, # 2 Exhibit B -- Criminal Case Summary).(Oestericher, Jeffrey) (Entered: 05/26/2026)