Northern District of New York • 9:26-cv-00118

#1

Jan 23, 2026

PETITION for Writ of Habeas Corpus filed by Julian Alcon Gaspar. (Attachments: # 1 Exhibit(s) Order Granting Motion to Terminate, # 2 Exhibit(s) I-360 Approval, # 3 Civil Cover Sheet)(nas ) (Entered: 01/23/2026)

#2

Jan 23, 2026

ORDER TO SHOW CAUSE: It is ORDERED that Respondents appear before the United States District Court for the Northern District of New York, located at 100 S. Clinton Street, Syracuse, New York 13261, on Thursday, February 5, 2026, at 10:30 AM and SHOW CAUSE why the Petition for Writ of Habeas Corpus should not be granted. It is FURTHER ORDERED that Respondents file a response to the Petition no later than Tuesday, January 27, 2026. It is FURTHER ORDERED that Petitioner shall have the opportunity t o file a reply by Thursday, January 29, 2026. It is FURTHER ORDERED that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved. It is FURTHER ORDERED that Petitioner is directed to serve the Petition and this Order to Show Cause on Respondents and file a certificate of service by Monday January 26, 2026. Signed by Chief Judge Brenda K. Sannes on 1/23/2026. (nmk)

Jan 23, 2026

Filing fee: $ 5.00, receipt number 27V05FPH (nas )

Jan 23, 2026

Filing Fee Received

#3

Jan 25, 2026

Letter Motion from Petitioner's Counsel Informing Court of Waiver of Service and Requesting Remote Appearance for Julian Alcon Gaspar requesting Remote Appearance submitted to Judge Sannes . (Borowski, Matthew) (Entered: 01/25/2026)

#4

Jan 27, 2026

Order on Letter Request

#5

Jan 27, 2026

Response to Habeas Petition

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Jan 27, 2026

Response to Habeas Petition

Jan 27, 2026

Order on Letter Request

#7

Jan 28, 2026

Affidavit

#8

Jan 28, 2026

Status Report

#9

Jan 29, 2026

Reply to Response to Petition

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Feb 05, 2026

ORDER: It is ORDERED that the Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED. It is further ORDERED that Respondents shall immediately release Petitioner Julian Alcon Gaspar from custody. It is further ORDERED that Respondents shall c ertify compliance with this Order by filing a status report by 5 p.m., February 6, 2026. It is further ORDERED that having considered the particular circumstances of this case and Mathews v. Eldridge, 424 U.S. 319 (1976), Petitioner Julian Alcon Gasp ar shall not be re-detained without adequate notice to Petitioner and his counsel, and without an opportunity to be heard at a hearing where the Government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226( a) and the burden to demonstrate by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk. It is further ORDERED that pending the issuance of any final removal order against Petitioner Julian Alcon Gaspar , Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances, consistent with the Courts oral order. Signed by Chief Judge Brenda K. Sannes on 2/5/2026. (nmk)

Feb 05, 2026

Omnibus Hearing

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Feb 17, 2026

Order

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Feb 17, 2026

Judgment

#15

Mar 06, 2026

Letter Request/Motion