Eastern District of New York • 1:26-cv-00384

#1

Jan 22, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19832479, filed by Alejandro Peralta Acuapan. (Attachments: # 1 Civil Cover Sheet) (Ouzlian, Maria) (Entered: 01/22/2026)

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Jan 22, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 01/22/2026)

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Jan 22, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (the "Petition"), IT IS HEREBY ORDERED that: 1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by January 23, 2026; 2) Petitioner shall file proof of service on the docket by January 26, 2026; 3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted by January 27, 2026, see 28 U.S.C. § 2243; 4) The parties are further ORDERED to appear before this Court for a hearing on the Petition on January 29, 2026, at 2:45 p.m. in Courtroom 6C South before Judge Orelia E. Merchant. Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."); see Local 1814, Int'l Longshoremen's Ass'n v. N.Y. Shipping Ass'n, 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.'" (alteration in original) (quoting United States v. Int'l Bhd. of Teamsters, 907 F.2d 277, 281 (2d Cir. 1990))); Garcia-Izquierdo v. Gartner, 04 Civ. 7377(RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) ("Under the All Writs Act, 28 U.S.C. § 1651, the Court may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case."); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). SO ORDERED by Judge Orelia E. Merchant on 1/22/2026. (TSB) (Entered: 01/22/2026)

Jan 22, 2026

Case Assigned/Reassigned

Jan 22, 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. (SDM)

Jan 23, 2026

Set/Reset Hearings: In accordance with the Court's Order dated 1/22/2026, the Order to Show Cause Hearing has been set behind the scenes on ECF. (TPL)

Jan 23, 2026

Set/Reset Hearings

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Jan 25, 2026

Notice of Appearance

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Jan 25, 2026

Extension of Time to File Response/Reply

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Jan 26, 2026

Certificate of Service

Jan 26, 2026

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

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Jan 30, 2026

Response to Order to Show Cause

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Feb 04, 2026

Letter

Feb 05, 2026

Show Cause Hearing

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Feb 08, 2026

Letter

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Feb 11, 2026

Letter

#11

Feb 24, 2026

Memorandum & Opinion