Eastern District of New York • 2:26-cv-00543

#1

Jan 30, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19861874, filed by Carlos A. Delarca-Avila. Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: # 1 Civil Cover Sheet) (Corrado, Carolyn) Modified on 1/30/2026 (LJ). (Entered: 01/30/2026)

#2

Jan 30, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 01/30/2026)

Jan 30, 2026

A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

Jan 30, 2026

Case Assigned to Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)

Jan 30, 2026

Order Unrestricting Access to 463 Case

Jan 30, 2026

Order(Other)

Jan 30, 2026

Case Assigned/Reassigned

Jan 30, 2026

Quality Control Check - Summons

Jan 30, 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 1/30/2026. (RB)

Jan 30, 2026

ORDER: 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. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction." (quotations omitted)); Garcia-Izquierdo v. Gartner, No. 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). And in addition, 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 Southern District of New York, absent further order of this Court. See Ozturk v. Trump, 779 F.Supp.3d 462, 496 (D. Vt. 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). Respondents must inform the Court of Petitioner's current location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention, by Monday, February 2, 2026, at 5:00 P.M. Respondents must also file a response to the writ—including any legal or factual arguments why the writ should not be granted—by Monday, February 2, 2026, at 5:00 P.M. So Ordered by Judge Sanket J. Bulsara on 1/30/2026. (RB)

#3

Feb 02, 2026

Notice of Appearance

#4

Feb 02, 2026

Response to Habeas Petition

#5

Feb 02, 2026

Order(Other)

#6

Feb 03, 2026

Letter