Eastern District of New York • 2:26-cv-00508

#1

Jan 14, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32257877) Request for emergency relief to be separately filed..Document filed by FRANCISCO FRANCO..(Hecht, Leonard) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/14/2026)

#2

Jan 14, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Hecht, Leonard) Modified on 1/14/2026 (pc). [Transferred from New York Southern on 1/29/2026.] (Entered: 01/14/2026)

#3

Jan 14, 2026

CIVIL COVER SHEET filed..(Hecht, Leonard) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/14/2026)

#4

Jan 14, 2026

NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on January 20, 2026 at 2:00 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents are ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by Saturday, January 17, 2026. See 28 U.S.C. § 2243. If Respondents take the position that the outcome of this Petition is controlled by Lopez Benitez v. Francis, 795 F. Supp. 3d 475 (S.D.N.Y. 2025), then their submission may take the form of a letter conceding that point. See Goorakani v. Lyons, --- F. Supp. 3d ---, 2025 WL 3632896, at *6-7 (S.D.N.Y. Dec. 15, 2025). Petitioner shall have an opportunity to reply, if necessary, by Monday, January 19, 2026. By today, January 14, 2025, 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 at Jeffrey.Oestericher@usdoj.gov and by overnight mail, and (2) to promptly file proof of such service in the docket. Counsel for Respondents shall promptly enter notices of appearance. 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. In accordance with the Court's Individual Rules and Practices, requests for an extension or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties' next scheduled appearance before the Court. Unless counsel are notified that the conference has been adjourned, it will be held as scheduled. SO ORDERED (Show Cause Response due by 1/17/2026.) ( Replies due by 1/19/2026.) (Show Cause Hearing set for 1/20/2026 at 02:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 1/14/2026) (nm) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/14/2026)

#5

Jan 14, 2026

AFFIDAVIT OF SERVICE. United States Department of Justice served on 1/14/2026, answer due 3/16/2026. Service was made by email and overnight mail. Document filed by Francisco Franco..(Hecht, Leonard) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/14/2026)

Jan 14, 2026

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..(pc) [Transferred from New York Southern on 1/29/2026.]

Jan 14, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Leonard Henry Hecht to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Office was not selected, civil cover sheet was 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. (pc) [Transferred from New York Southern on 1/29/2026.]

Jan 14, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Leonard Henry Hecht. The party information for the following party/parties has been modified: FRANCISCO FRANCO, Todd M. Lyons, Secretary Kristi Noem, Pamela J. Bondi. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc) [Transferred from New York Southern on 1/29/2026.]

Jan 14, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Leonard Henry Hecht. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) [Transferred from New York Southern on 1/29/2026.]

Jan 14, 2026

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Leonard Henry Hecht. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) [Transferred from New York Southern on 1/29/2026.]

Jan 14, 2026

Case Designated ECF. (pc) [Transferred from New York Southern on 1/29/2026.]

Jan 14, 2026

Magistrate Judge Barbara C. Moses 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. (pc) [Transferred from New York Southern on 1/29/2026.]

#6

Jan 17, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Todd M. Lyons, Kristi Noem, Pamela Bondi, U.S Immigration and Customs Enforcement, U.S. Department of Homeland Security, United States Department of Justice..(Waterman, Brandon) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/17/2026)

#7

Jan 17, 2026

MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York, or Alternatively, Dismiss. Document filed by Todd M. Lyons, Kristi Noem, Pamela Bondi, U.S Immigration and Customs Enforcement, U.S. Department of Homeland Security, United States Department of Justice..(Waterman, Brandon) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/17/2026)

#8

Jan 17, 2026

MEMORANDUM OF LAW in Support re: 7 MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York, or Alternatively, Dismiss. . Document filed by Todd M. Lyons, Kristi Noem, Pamela Bondi, U.S Immigration and Customs Enforcement, U.S. Department of Homeland Security, United States Department of Justice..(Waterman, Brandon) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/17/2026)

#9

Jan 17, 2026

DECLARATION of Deportation Officer Michael Damiano in Support re: 7 MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York, or Alternatively, Dismiss.. Document filed by Todd M. Lyons, Kristi Noem, Pamela Bondi, U.S Immigration and Customs Enforcement, U.S. Department of Homeland Security, United States Department of Justice..(Waterman, Brandon) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/17/2026)

#10

Jan 19, 2026

MEMORANDUM OF LAW in Opposition re: 7 MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York, or Alternatively, Dismiss. . Document filed by Francisco Franco..(Hecht, Leonard) [Transferred from New York Southern on 1/29/2026.] (Entered: 01/19/2026)

#11

Jan 20, 2026

ORDER granting 7 Motion to Transfer Case. Accordingly, for the reasons stated in Respondents' submission, this case must be transferred to the Eastern District of New York. ECF No. 8 at 3-6; Khalil v. Joyce, 771 F. Supp. 3d 268, 280-86 (S.D.N.Y. 2025). All conferences and deadlines are CANCELLED. The Court GRANTS Respondents' Motion to Transfer the case to the Eastern District of New York. This Court's Initial Scheduling Order prohibited removal of Petitioner from the United States, or transfer of the Petitioner outside of the Eastern District of New York, the Southern District of New York, or the District of New Jersey. See ECF No. 4. That directive remains in effect unless and until the transferee court orders otherwise. The Clerk of Court is respectfully directed to terminate ECF No. 7 and to transfer this case to the Eastern District of New York. (Signed by Judge Dale E. Ho on 1/20/2026) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/29/2026.] (Entered: 01/20/2026)

#12

Jan 29, 2026

Case transferred in from District of New York Southern; Case Number 1:26-cv-00320. Original file certified copy of transfer order and docket sheet received. (Entered: 01/29/2026)

#13

Jan 29, 2026

Letter by Francisco Franco (Hecht, Leonard) (Entered: 01/29/2026)

Jan 29, 2026

Docket Annotation

Jan 29, 2026

ORDER: Respondents must file a response to the writ—including any legal or factual arguments why the writ should not be granted—by Friday, January 30, 2026 at 12:00 p.m. Respondents must also inform the Court of Petitioner's location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention on January 13, 2026 through 9:00 a.m. on January 29, 2026 by the same deadline. So Ordered by Judge Sanket J. Bulsara on 1/29/2026. (LOG)

Jan 29, 2026

Order Unrestricting Access to 463 Case. The clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Sanket J. Bulsara on 1/29/2026. (EM)

Jan 29, 2026

Order(Other)

Jan 29, 2026

ECF Admission and Registration Notification - Transfer

Jan 29, 2026

The case of Franco v. Lyons et al, has been transferred from U.S. District Court Southern District of New York to the Eastern District of New York. The new case number is 26-cv-00508-SJB. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (DC)

Jan 29, 2026

Case number 25-cv-508 was erroneously assigned to this proceeding. The correct case number is 26-cv-508-SJB and all future filings in this matter will be entered under that number. (DC)

Jan 29, 2026

Order Unrestricting Access to 463 Case

#14

Jan 30, 2026

Notice of Appearance

#15

Jan 30, 2026

Reply in Opposition

#16

Jan 30, 2026

Letter

Jan 30, 2026

Order(Other) AND ~Util - Set Hearings

Feb 03, 2026

Writ Hearing AND ~Util - Set Hearings

#17

Feb 04, 2026

Notice(Other)

#18

Feb 09, 2026

Letter

Feb 10, 2026

1 - Terminate Hearings AND Order(Other)