Eastern District of New York • 1:26-cv-00344

#1

Jan 20, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19826061, filed by Harmanpreet Singh. (Giustini, Tosca) (Entered: 01/20/2026)

#2

Jan 20, 2026

Civil Cover Sheet.. by Harmanpreet Singh (Giustini, Tosca) (Entered: 01/20/2026)

#3

Jan 21, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 01/21/2026)

#4

Jan 21, 2026

Order to Show Cause (Federal)

Jan 21, 2026

Case Assigned/Reassigned

Jan 21, 2026

Case Assigned to Judge Orelia E. Merchant. 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. (CV)

#5

Jan 22, 2026

Amended Complaint

Jan 22, 2026

Set/Reset Hearings: In accordance with the Court's Order dated 1/21/2026, the Order to Show Cause Hearing has been set behind the scenes on ECF. (TPL)

Jan 22, 2026

Set/Reset Hearings

#6

Jan 23, 2026

Extension of Time to File Document

#7

Jan 23, 2026

Notice of Appearance

#8

Jan 23, 2026

Affidavit of Service

Jan 26, 2026

ORDER granting 6 Motion for Extension. Respondents shall file a return to the order to show cause why the Petition should not be granted by January 29, 2026. The parties shall appear before this Court for a hearing on the Petition on February 5, 2026, at 11:45 AM in Courtroom 6C South before Judge Orelia E. Merchant. Ordered by Judge Orelia E. Merchant on 1/26/2026. (TPL)

Jan 26, 2026

1 - Terminate Hearings AND Order on Motion for Extension of Time to File AND ~Util - Set Hearings

#9

Jan 29, 2026

Response to Order to Show Cause

#10

Feb 03, 2026

Reply in Opposition

#11

Feb 04, 2026

Appear Pro Hac Vice

Feb 05, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Feb 05, 2026

Show Cause Hearing

Feb 05, 2026

Minute Entry for proceedings held before Judge Orelia E. Merchant: Order to Show Cause Hearing held on February 5, 2026. Appearances: Jonah Eaton and Tosca Giustini appeared on behalf of Petitioner; AUSA Kimberly Francis appeared on behalf of Respondents. Case called and arguments from both parties were heard. The Court reserves decision on Petitioner's Petition for a Writ of Habeas Corpus. (Court Reporter: David Roy.) (TPL)

Feb 05, 2026

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Orelia E. Merchant on 2/5/2026. (TSB)

#12

Feb 10, 2026

Notice of Appearance

#13

Feb 24, 2026

Memorandum & Opinion

#14

Feb 27, 2026

Judgment - Clerk

#15

Mar 05, 2026

Letter

#16

Mar 13, 2026

Enforce Judgment

Mar 13, 2026

ORDER: Respondents shall respond to Petitioner's 16 Motion to Enforce by March 20, 2026. Ordered by Judge Orelia E. Merchant on 3/13/2026. (TSB)

Mar 13, 2026

Order(Other)

#17

Mar 20, 2026

Memorandum in Opposition

Mar 23, 2026

ORDER denying 16 Motion to Enforce: On February 24, 2026, the Court granted Petitioner's 5 First Amended Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, thereby directing Respondents to provide Petitioner with an individualized bong hearing where the Government bears the burden of demonstrating, by clear and convincing evidence, that Petitioner is a danger to the community or a risk of flight. Petitioner received a bond hearing before an Immigration Judge ("IJ") on March 4, 2026. See Dkt. 15. After receiving evidence and hearing argument from Petitioner (through counsel) and the Government, the IJ denied bond, concluding that the Government demonstrated by clear and convincing evidence that Petitioner is a danger to the community. Id. On March 13, 2026, Petitioner filed a 16 Motion to Enforce the Court's February 24, 2026, Order, arguing that the IJ failed to hold the Government to its burden of proof. Petitioner requests that the Court order his release, or in the alternative, hold its own bond hearing. See Dkt. 16 at 10-11. For the following reasons, Petitioner's 16 Motion to Enforce is denied. "[8 U.S.C.] Section 1226(e) specifically divests [district courts] of jurisdiction to review the decisions of the IJ and the [Board of Immigration Appeals] (acting on behalf of the Attorney General) regarding the detention of aliens under Section 1226." Hamilton v. Shanahan, 09 Civ. 6869 (SAS), 2009 WL 5173927, at *3 (S.D.N.Y. Dec. 30, 2009); see also Arevalo-Guasco v. Dubois, 788 F. App'x 25, 27 (2d Cir. 2019) (concluding that Section 1226(e) "precludes judicial review of the IJ's weighing of evidence and factual findings regarding whether [Petitioner-Appellant] is a danger to the community"). Here, Petitioner argues that "the adjudicator failed to correctly hold the [Government] to the clear and convincing evidence standard and was overly credulous with regards to an arrest report dismissed in criminal proceedings." Dkt. 16 at 4. This challenge is, in essence, a disagreement with the IJ's weighing of the evidence, and this Court lacks jurisdiction to review the IJ's factual findings. See Lantigua v. Decker, 17 Civ. 4880 (LGS), 2017 WL 5054567, at *2 (S.D.N.Y. Oct. 27, 2017) ("An assertion that an IJ... misread, misunderstood, or misapplied the law in weighing factors relevant to the grant or denial of discretionary relief does not convert what is essentially an argument that an IJ... abused their discretion into a legal question." (quoting Guyadin v. Gonzales, 449 F.3d 465, 468 (2d Cir. 2006))). Furthermore, the Court has reviewed the transcript of the March 4, 2026, bond hearing, and does not find legal or constitutional error on the face of the record. The IJ weighed the evidence before him and explicitly found that that the Government demonstrated by clear and convincing evidence that Petitioner is a danger to the community. See Dkt. 17-2 para. 61. Accordingly, Petitioner's 16 Motion to Enforce is denied. Ordered by Judge Orelia E. Merchant on 3/23/2026. (TSB)

Mar 23, 2026

Order on Motion to Enforce Judgment