Northern District of New York • 9:26-cv-00063
Fabelo v. United States Department of Justice and Homeland Security
Terminated
Case Information
Filed: January 13, 2026
Assigned to:
Brenda Kay Sannes
Referred to:
Therese Wiley Dancks
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: January 28, 2026
Last Activity:
January 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 13, 2026
PETITION for Writ of Habeas Corpus filed by Francisco Fabelo.(nas ) (Main Document 1 replaced on 1/22/2026) (nas, ). (Entered: 01/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 13, 2026
MOTION for Leave to Proceed in forma pauperis filed by Francisco Fabelo(nas) (Entered: 01/22/2026)
Main Document:
Proceed In Forma Pauperis
#3
Jan 22, 2026
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Chief Judge Brenda K. Sannes on January 22, 2026. {order and blank ifp form served via regular mail on petitioner}(nas) (Entered: 01/22/2026)
Main Document:
Order Directing Administrative Closure
#4
Jan 23, 2026
MOTION for Leave to Proceed in forma pauperis filed by Francisco Fabelo, Jr(nas) (Entered: 01/28/2026)
Main Document:
Proceed In Forma Pauperis
#5
Jan 28, 2026
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Chief Judge Brenda K. Sannes on January 28, 2026. {text order served via regular mail on petitioner}(nas ) (Entered: 01/28/2026)
#6
Jan 28, 2026
TEXT ORDER: Petitioner seeks federal habeas relief, pursuant to § 28 U.S.C. 2241, challenging his unlawful custody in Orange County Correctional Facility. "Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should... file the petition in the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). Orange County Correctional Facility is located in Orange County, New York, in the Southern District of New York ("Southern District"). See 28 U.S.C. § 112(b). Consequently, the action shall be transferred to the Southern District and, given the significant liberty interests at stake and the time-sensitivity of petitioner's claims, this Court waives the seven-day waiting period customarily afforded under the Local Rules and respectfully directs the Clerk to effectuate the transfer as soon as possible. SO ORDERED by Magistrate Judge Therese Wiley Dancks on January 28, 2026. {text order served via regular mail on petitioner}(nas) (Entered: 01/28/2026)
Jan 28, 2026
Order Reopening Case (Text-Only)
Jan 28, 2026
Order Transferring Case
Jan 28, 2026
Case transferred from New York Northern has been opened in Southern District of New York as case 1:26-cv-00711, filed 01/28/2026. (nas)
Parties
Fabelo
Party
United States Department of Justice and Homeland Security
Party