Southern District of New York • 1:25-cv-06373

#1

Aug 02, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31473273)Document filed by Samb Bassirou..(Eisenstein, Jethro) (Entered: 08/02/2025)

#2

Aug 02, 2025

CIVIL COVER SHEET filed..(Eisenstein, Jethro) (Entered: 08/02/2025)

#3

Aug 04, 2025

ORDER TO SHOW CAUSE : This case has been assigned to me for all purposes. On August 2, 2025, Petitioner filed a Petition for Writ of Habeas Corpus. See ECF No. 1. Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Thursday, August 7, 2025. See U.S.C. § 2243. Petitioner's Reply, if any, shall be filed by Monday, August 11, 2025, at 12:00 p.m. ET. The parties are further ORDERED to appear before this Court for a hearing on the petition on Tuesday, August 12, 2025, at 10:45 a.m. ET. The conference will be held in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. As further set forth in this order. In light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. As further set forth in this order. By August 5, 2025, at 9:00 a.m., Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York and by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. (Signed by Judge Dale E. Ho on 8/4/2025) ( Replies due by 8/11/2025.) Show Cause Hearing set for 8/12/2025 at 10:45 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. (ks) (Entered: 08/04/2025)

Aug 04, 2025

Case Designated ECF. (jgo)

Aug 04, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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)

Aug 04, 2025

Case Opening Initial Assignment Notice

Aug 04, 2025

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)

#4

Aug 05, 2025

CERTIFICATE OF SERVICE. Pamela Bondi served on 8/4/2025, answer due 10/3/2025; William P. Joyce served on 8/4/2025, answer due 10/3/2025; Kristi Noem served on 8/4/2025, answer due 10/3/2025. Service was made by Mail. Document filed by Bassirou Samb..(Eisenstein, Jethro) (Entered: 08/05/2025)

#5

Aug 05, 2025

Extension of Time to File Response/Reply

#6

Aug 06, 2025

Order on Motion for Extension of Time to File Response/Reply

Aug 06, 2025

Set/Reset Hearings: Show Cause Hearing set for 8/14/2025 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. (ks)

#7

Aug 07, 2025

Affidavit in Opposition (non-motion)

#8

Aug 07, 2025

Memorandum of Law in Opposition (non-motion)

#9

Aug 11, 2025

Letter

#10

Aug 12, 2025

Response (non-motion)

#11

Aug 12, 2025

ORDER: For the reasons stated in this Court's opinion and order in Lopez Benitez v. Francis, No. 25 Civ. 5937, 2025 WL 2267803 (S.D.N.Y. Aug. 8, 2025), and in light of Respondents' concession that Lopez Benitez controls the result in this c ase, see ECF No. 8 at 4, it is hereby ORDERED that the Petition is GRANTED and that Petitioner be released from custody no later than 5 p.m. on August 13, 2025. The conference previously scheduled for August 14, 2025 is cancelled. Respondents shall certify compliance with this Order with a filing on the docket. An opinion will follow. SO ORDERED. (Signed by Judge Dale E. Ho on 8/12/2025) (nm)

#12

Aug 13, 2025

Letter

#13

Aug 19, 2025

Memorandum & Opinion

#14

Aug 19, 2025

Order

#15

Aug 19, 2025

Civil Cover Sheet

#16

Aug 20, 2025

Judgment - Clerk