Southern District of New York • 1:26-cv-00737
Delgado Marin v. Francis
Active
Case Information
Filed: January 28, 2026
Assigned to:
Ronnie Abrams
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
April 07, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 28, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32327128) Document filed by David Euclides Delgado Marin. (Attachments: # 1 Exhibit ICE Detainee Locator).(Austin, Paige) (Entered: 01/28/2026)
#2
Jan 28, 2026
FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Austin, Paige) Modified on 1/28/2026 (vf). (Entered: 01/28/2026)
Main Document:
Civil Cover Sheet
#3
Jan 28, 2026
ORDER: On January 28, 2026, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. It is hereby ordered that: 1. Respondents shall file an opposition by February 3, 2026 as to why the petition for a writ of habeas corpus should not be granted. 2. Petitioner shall have the opportunity to reply by February 4, 2026. 3. This matter shall be heard by the Court on February 5, 2026 at 12:00 p.m. in the Thurgood Marshall United States Courthouse, Courtroom 1105, 40 Foley Square, New York, NY10007. Respondents shall produce Petitioner at this hearing. 4. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of thi s Court. See, e.g., Khalil v. Joyce,No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases);see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-CV-0644 (OAW), 2025WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's interests in participati ng in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent f urther order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828 (DEH), 2025 WL 1908284, at *2- (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g., Arostegui-Mal donado v. Baltazar, No. 25-CV-2205 (WJM) (STV), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117 (BLF), 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). 5. The Clerk of Court shall electro nically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has issued at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED. ( Responses due by 2/3/2026, Replies due by 2/4/2026., Status Conference set for 2/5/2026 at 12:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/28/2026) (tg)
#4
Jan 28, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Harold A. Solis on behalf of David Euclides Delgado Marin.(Solis, Harold) (Entered: 01/28/2026)
Main Document:
Notice of Appearance of Pro Bono Counsel
Jan 28, 2026
Notice to Attorney Regarding Deficient Civil Cover Sheet
Jan 28, 2026
Notice to Attorney Regarding Party Modification
Jan 28, 2026
Case Designated ECF. (vf)
Jan 28, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paige Austin to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
Jan 28, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paige Austin. The party information for the following party/parties has been modified: LaDeon Francis, Kristi Noem, Pam Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
Jan 28, 2026
Magistrate Judge Ona T. Wang 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. (vf)
Jan 28, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(vf)
Jan 28, 2026
Case Opening Initial Assignment Notice
#5
Feb 03, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 02/03/2026)
Main Document:
Notice of Appearance
#6
Feb 03, 2026
LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated February 3, 2026 re: Government's response to the petition. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Exhibit I-200, # 2 Exhibit NTA).(Waterman, Brandon) (Entered: 02/03/2026)
Main Document:
Letter
#7
Feb 04, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus filed by David Euclides Delgado Marin. For the reasons stated above, Mr. Delgado-Marin's Petition is granted. The Government is ordered to transport Mr. Delgado-Marin back to the Southern Dist rict of New York within 24 hours of the date of this Order, and immediately upon effectuating his transfer, release him from custody. It shall further certify compliance with the Court's order by promptly filing it on the docket. The hearing scheduled for February 5, 2026 is adjourned. The Clerk of Court is hereby respectfully directed to terminate this case and any pending motions. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/4/2026) (tg) Transmission to Orders and Judgments Clerk for processing.
#8
Feb 04, 2026
Report and Recommendations
Main Document:
Report and Recommendations
Feb 04, 2026
***DELETED DOCUMENT. Deleted document number 8 REPORT AND RECOMMENDATION. The document was incorrectly filed in this case. (jca)
#8
Feb 05, 2026
LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated February 5, 2026 re: Confirming petitioner's release. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 02/05/2026)
Main Document:
Letter
#9
Feb 05, 2026
LETTER addressed to Judge Ronnie Abrams from Paige Austin, Counsel for Petitioner dated Feb. 5, 2026 re: Petitioner's Request Not to Close Case. Document filed by David Euclides Delgado Marin..(Austin, Paige) (Entered: 02/05/2026)
Main Document:
Letter
#10
Feb 05, 2026
MEMO ENDORSEMENT on re: 9 Letter filed by David Euclides Delgado Marin. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/5/2026) (tg) (Entered: 02/05/2026)
Main Document:
Memo Endorsement
Feb 05, 2026
Notice Regarding Deleted Document
#11
Feb 06, 2026
CLERK'S JUDGMENT re: 7 Order,,,. in favor of David Euclides Delgado Marin against Kristi Noem, LaDeon Francis, Pam Bondi. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 4, 2026, Mr. Delgado-Marin's Petition is granted. (Signed by Clerk of Court Tammi M Hellwig on 2/6/2026) (Attachments: # 1 Notice of Right to Appeal) (nd)
#12
Feb 09, 2026
LETTER addressed to Judge Ronnie Abrams from Paige Austin, Counsel for Petitioner dated Feb. 9, 2026 re: Petitioner's Conditions of Release and Return of His Employment Authorization Document. Document filed by David Euclides Delgado Marin..(Austin, Paige) (Entered: 02/09/2026)
Main Document:
Letter
#13
Feb 10, 2026
MEMO ENDORSEMENT on re: 12 Letter, filed by David Euclides Delgado Marin. ENDORSEMENT: The Government shall have one week from today to respond to Plaintiff's request. (Signed by Judge Ronnie Abrams on 2/10/2026) (rro) (Entered: 02/10/2026)
#14
Feb 18, 2026
LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated February 18, 2026 re: Response to the Court's Order (ECF No. 13). Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 02/18/2026)
Main Document:
Letter
Parties
Party
Party
Party
Party
Attorney
Attorney
Attorney
Attorney
Firm
Firm