Eastern District of New York • 1:26-cv-00578

#1

Feb 02, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19869036, filed by Imran Ali. (Attachments: # 1 Civil Cover Sheet) (Junuz, Jana) (Entered: 02/02/2026)

#2

Feb 03, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 02/03/2026)

#3

Feb 03, 2026

MEMORANDUM in Support of Habeas Petition filed by Imran Ali. (Junuz, Jana) (Entered: 02/03/2026)

Feb 03, 2026

Case Assigned/Reassigned

Feb 03, 2026

ORDER TO SHOW CAUSE: Respondents shall, by 5:00 p.m. on February 6, 2026, show cause in writing why a writ of habeas corpus should not be issued. See ECF No. 1 (Petition for Writ of Habeas Corpus); ECF No. 3 (Petitioner's Brief in Support of Petition for Writ of Habeas Corpus). Petitioner shall file a reply, if any, by 5:00 p.m. on February 7, 2026. A hearing will be held before Judge Diane Gujarati in Courtroom 4B South on February 9, 2026 at 10:00 a.m. Counsel shall appear 15 minutes prior to the hearing and shall check in with the courtroom deputy. The Clerk of Court is directed to email a copy of this Order to the United States Attorney for the Eastern District of New York. Ordered by Judge Diane Gujarati on 2/3/2026. (MAR)

Feb 03, 2026

Case Assigned to Judge Diane Gujarati. 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. (CV)

Feb 03, 2026

Order to Show Cause (Federal)

#4

Feb 05, 2026

Notice of Appearance

#5

Feb 05, 2026

Extension of Time to File Response/Reply

#6

Feb 06, 2026

Response to Order to Show Cause

#7

Feb 06, 2026

Notice of Appearance

Feb 06, 2026

ORDER denying 5 Consent MOTION for Extension of Time to File Response/Reply as to Order to Show Cause -- The extension request is denied. Ordered by Judge Diane Gujarati on 2/6/2026. (AD)

Feb 06, 2026

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

#8

Feb 07, 2026

Reply in Opposition

Feb 09, 2026

Motion Hearing

Feb 09, 2026

Minute Entry for proceedings held before Judge Diane Gujarati: Hearing held on February 9, 2026. Jana Junuz appeared on behalf of Petitioner. AUSA Kimberly Francis appeared on behalf of Respondents. Case called. Discussion held. The Court: (1) set a deadline of 5:00 p.m. on February 11, 2026 for Respondents to file the supplemental letter discussed on the record; and (2) set a deadline of 5:00 p.m. on February 12, 2026 for Petitioner to file any response to Respondents' supplemental letter. (Court Reporter Anthony Frisolone.) (AD)

#9

Feb 11, 2026

Letter

#10

Feb 12, 2026

Letter

Mar 05, 2026

Order

Mar 05, 2026

Order(Other)

Mar 05, 2026

ORDER: In connection with the pending Petition in this action, by 5:00 p.m. on March 9, 2026, Respondents shall file a letter addressing that portion of the district court's decision in O.F.B. v. Maldonado, No. 25-CV-06336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 2025) that concluded that the petitioner in that case was detained in violation of the Fifth Amendment even if 8 U.S.C. § 1225 ("Section 1225") – rather than 8 U.S.C. § 1226 ("Section 1226") – applied. In their letter, Respondents shall show cause why the Court should not adopt the reasoning of the O.F.B. court and conclude in the instant action that even if Section 1225 rather than Section 1226 applies, Petitioner is detained in violation of the Fifth Amendment. See O.F.B., 2025 WL 3277677, at *7 (after determining that Section 1226 applied, concluding that even if Section 1225 applied, the petitioner was detained in violation of the agency's own regulations – i.e., 8 C.F.R. § 212.5(e)(2) – and that under the Mathews test, the petitioner's due process rights were violated). Petitioner shall file a response to Respondents' letter by 5:00 p.m. on March 12, 2026. Ordered by Judge Diane Gujarati on 3/5/2026. (AD)

#11

Mar 09, 2026

Letter

#12

Mar 11, 2026

Letter

Apr 13, 2026

Order(Other)

Apr 13, 2026

ORDER: In light of the expedited appeal pending before the United States Court of Appeals for the Second Circuit in Barbosa Da Cunha v. Moniz, No. 25-3141 (oral argument held April 6, 2026), decision on which is likely to be highly instructive here, the Petition, ECF No. 1, is held in abeyance. The parties shall submit a joint status letter within one week of the Second Circuit's decision, or by May 4, 2026, whichever date is earlier. Ordered by Judge Diane Gujarati on 4/13/2026. (KEP)

Apr 13, 2026

Order

Apr 28, 2026

Order(Other)

Apr 28, 2026

ORDER: In light of the decision of the United States Court of Appeals for the Second Circuit in Barbosa da Cunha v. Freden, No. 25-3141-pr (2d Cir. Apr. 28, 2026), Respondents shall file a letter by 5:00 p.m. on April 29, 2026 indicating whether they maintain their opposition to the Petition. If Respondents maintain their opposition, Respondents shall show cause in their letter why the Petition should not be granted in light of the Barbosa da Cunha decision. Ordered by Judge Diane Gujarati on 4/28/2026. (KEP)

#13

Apr 29, 2026

Letter

Apr 29, 2026

ORDER: Familiarity with the procedural history and background of this action is assumed herein. In light of the decision of the United States Court of Appeals for the Second Circuit in Barbosa da Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), and upon consideration of the record to date – including Respondents' April 29, 2026 letter in which Respondents "acknowledge that Da Cunha controls and would lead this Court to grant the Petition," see ECF No. 13 at 1 – the Court grants the Petition, ECF No. 1. See 28 U.S.C. § 2241. Respondents are directed to release Petitioner from custody and file a letter certifying such release no later than 5:00 p.m. on April 30, 2026. The Clerk of Court is directed to enter judgment and close this case. Ordered by Judge Diane Gujarati on 4/29/2026. (KEP)

Apr 29, 2026

Order(Other)

#14

Apr 30, 2026

Letter

#15

Apr 30, 2026

Judgment - Clerk