Southern District of New York • 1:26-cv-00612

#1

Jan 22, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32302301) Request for emergency relief to be separately filed..Document filed by Avtandil Beriashvili..(Risko, Sergey) (Entered: 01/22/2026)

#2

Jan 22, 2026

CIVIL COVER SHEET filed..(Risko, Sergey) (Entered: 01/22/2026)

#3

Jan 23, 2026

FIRST MOTION for Temporary Restraining Order . Document filed by Avtandil Beriashvili. Return Date set for 1/26/2026 at 08:00 AM..(Risko, Sergey) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 01/23/2026)

#4

Jan 23, 2026

ORDER: The Court is in receipt of the habeas corpus petition. Dkt. 1. Pending resolution of the petition: Respondents are enjoined from transferring petitioner to any location outside the Southern District of New York, the Eastern District of New Yo rk, or the District of New Jersey absent this Court's prior approval. Respondents are ordered to file their response to the pending petition for habeas corpus by January 29, 2026 at 5:00 PM. That briefing should address (1) the basis for petitio ner's detention, (2) the circumstances of the arrest, (3) whether petitioner has previously been detained in immigration custody and released (and under what authority), (4) what process petitioner was given, and (5) depending on the basis for d etention, whether it is distinguishable from the issue addressed in the Court's prior ruling in J.G.O. v. Francis, 2025 WL 3040142 (S.D.N.Y. Oct. 28, 2025). Petitioner may submit a reply by February 3, 2026 at 5:00 PM. The Clerk of Court is res pectfully directed to send a copy of this order to Jeffrey.Oestericher@usdoj.gov. SO ORDERED. Francis LaDeon answer due on 1/29/2026; Todd M. Lyons answer due on 1/29/2026; Kristi Noem answer due on 1/29/2026., Francis LaDeon answer due 1/29/2026; Todd M. Lyons answer due 1/29/2026; Kristi Noem answer due 1/29/2026.( Replies due by 2/3/2026.) (Signed by Judge Arun Subramanian on 1/23/2026) (jjc) Transmission to Docket Assistant Clerk for processing.

Jan 23, 2026

Case Opening Initial Assignment Notice

Jan 23, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

Jan 23, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sergey Risko. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1651;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241;. Corrections were updated as per the Civil Cover Sheet. (jgo)

Jan 23, 2026

Case Designated ECF. (jgo)

Jan 23, 2026

Magistrate Judge Stewart D. Aaron 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. (jgo)

Jan 23, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(jgo)

#5

Jan 27, 2026

MEMO ENDORSED ORDER denying as moot 3 Motion for TRO. ENDORSEMENT: DENIED as moot. Around the same time that this motion for TRO was filed, the Court granted partial relief on the habeas petition and ordered the government not to move petitio ner to any facility outside of the Southern District of New York, Eastern District of New York, or Distict of New Jersey without prior approval from the Court. Dkt. 4. Petitioner is correct that jurisdiction is governed by his location at the time th at the petition was filed. That means that if he did indeed file his petition before his transfer to the District of New Jersey, this Court would have still have jurisdiction. The Court has previously been advised by the government that a lack of be d space in facilities inside this district necessitate moving detainees to adjacent district to ensure that they have beds and access to a shower. If detention in the District of New Jersey presents a serious impediment to petitioner's access t o counsel, the Court will of course consider another motion setting out the circumstances and arguments that might warrant relief. The Clerk of Court is respectfully directed to terminate ECF No. 3. SO ORDERED. (Signed by Judge Arun Subramanian on 1/27/2026) (ar)

#6

Jan 29, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Francis LaDeon, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 01/29/2026)

#7

Jan 29, 2026

LETTER addressed to Judge Arun Subramanian from Brandon M. Waterman dated January 29, 2026 re: Government's response to the petition. Document filed by Francis LaDeon, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit I-213, # 2 Exhibit I-200, # 3 Exhibit NTA).(Waterman, Brandon) (Entered: 01/29/2026)

#8

Jan 30, 2026

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 4 Order to Answer, 28 U.S.C. 2241,,,,,, Set Deadlines,,,,, / Nunc Pro Tunc addressed to Judge Arun Subramanian from Brandon M. Waterman dated January 30, 2026. Document filed by Francis LaDeon, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 01/30/2026)

#9

Jan 30, 2026

ORDER granting 8 Letter Motion for Extension of Time to File Response/Reply. GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 8. SO ORDERED. (Signed by Judge Arun Subramanian on 1/30/2026) (ar) (Entered: 01/30/2026)

#10

Jan 30, 2026

ORDER: The Court orders petitioner's release within 24 hours. Petitioner was allegedly detained pursuant to 8 U.S.C. § 1225(b)(2) and has argued that his detention should have instead been under 8 U.S.C. § 1226(a). The government ha s conceded that the Court's prior decision in J.G.O. v. Francis would govern the outcome of this petition. 2025 WL 3040132 (Oct. 28, 2025). Consistent with that decision, the Court finds that petitioner is detained pursuant to § 1226(a), not § 1225(b)(2). The documentation accompanying petitioner's detention indicates that he was detained at an immigration appointment at 26 Federal Plaza without any evidence of discretion or adherence to the procedures required by regulat ion on a § 1226(a) detainment. Dkt. 7-1. The government has not contested the remedy of release in this case, and so the Court orders petitioner's release. The government should file a letter within one day after petitioner's release, confirming its compliance with this order. SO ORDERED. (Signed by Judge Arun Subramanian on 1/30/2026) (ar)

#11

Jan 30, 2026

LETTER addressed to Judge Arun Subramanian from Brandon M. Waterman dated January 30, 2026 re: Confirming petitioner's release. Document filed by Francis LaDeon, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 01/30/2026)

#12

Apr 22, 2026

ORDER: The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Arun Subramanian on 4/22/2026) (jca)