Eastern District of New York • 1:26-cv-00629

#1

Feb 04, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19878967, filed by Jose Martinez de la Cruz. (Attachments: # 1 Exhibit Proof of LPR Status, # 2 Exhibit DHS Notice to Apppear, # 3 Exhibit Hearing Notice, # 4 Exhibit Placeholder Medical Records, # 5 Exhibit Placeholder Neuro Evaluation, # 6 Exhibit Placeholder Neuro Declaration, # 7 Exhibit Letter from Neuropsychologist, # 8 Exhibit Letter from Social Worker, # 9 Exhibit Emails from CBP (Parole Requests), # 10 Exhibit Detainee Locator Screenshot) (Ngo, Nhu-Y) (Entered: 02/04/2026)

#2

Feb 04, 2026

Civil Cover Sheet.. Re 1 Petition for Writ of Habeas Corpus,, by Jose Martinez de la Cruz (Ngo, Nhu-Y) (Entered: 02/04/2026)

#3

Feb 04, 2026

MOTION for Leave to Electronically File Document under Seal by Jose Martinez de la Cruz. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Medical Records, # 3 Exhibit Neuro Evaluation, # 4 Exhibit Neuro Declaration) (Ngo, Nhu-Y) (Entered: 02/04/2026)

#4

Feb 05, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 02/05/2026)

Feb 05, 2026

ORDER and Electronic Service upon the US Attorney's Office re 1 Petition for Writ of Habeas Corpus, filed by Jose Martinez de la Cruz. In light of the representations in the Petition, the Court understands that, unlike recent petitions filed under 28 U.S.C. § 2241, this Petition presents several questions, including: (1) the present whereabouts of Petitioner; (2) whether this District is an appropriate venue for this matter; and (3) whether Petitioner is properly detained under the Immigration Nationality Act. See generally ECF No. 1 . Given the unique circumstances, counsel for Petitioner, and the United States Attorney, as attorney for Respondents, are directed to meet and confer in a good faith effort to determine if this matter can be resolved without the Court's intervention. <brBy noon on February 10, 2026, the parties shall file a joint status report describing the efforts made to reach an agreement. The parties' status report shall include the current location of Petitioner, and shall include the parties' positions on whether venue properly lies in this District, given the location of Petitioner's detention. If the parties are unable to reach an agreement without the Court's intervention, on or before 3:00 p.m. on February 12, 2026, the government shall file a comprehensive response, addressing the merits of the Petition and explaining, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 3:00 p.m. on February 13, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025), ECF No. 3. Ordered by Judge Hector Gonzalez on 2/5/2026. (PN)

Feb 05, 2026

Case Assigned to Judge Hector Gonzalez. 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 05, 2026

Case Assigned/Reassigned

Feb 05, 2026

Order(Other)

#5

Feb 06, 2026

Appear Pro Hac Vice

#6

Feb 10, 2026

Status Report

#7

Feb 11, 2026

Letter

Feb 12, 2026

Order(Other)

Feb 12, 2026

ORDER: The Court is in receipt of Petitioner's letter concerning his anticipated amended petition. ECF No. 7 . In light of the representations in that letter, the Court revises the schedule originally set forth in its February 5, 2026, Order as follows: Petitioner shall file his amended petition on or before February 25, 2026. The government shall file a comprehensive response on or before March 4, 2026 at 3:00 p.m. In its response, the government shall include a chronology of Petitioner's detention, including the locations in which Petitioner was detained and relevant dates, from the morning of Petitioner's detention (i.e., February 4, 2026) through the date the government files its response (i.e., March 4, 2026). Petitioner shall file his reply, if any, by March 11, 2026 at 3:00 p.m. Ordered by Judge Hector Gonzalez on 2/12/2026. (PN)

#8

Feb 18, 2026

Amend/Correct/Supplement

#9

Feb 19, 2026

Letter

#10

Feb 19, 2026

Letter

Feb 19, 2026

Order to Show Cause (463)

Feb 19, 2026

ORDER TO SHOW CAUSE: A day after Petitioner filed his petition for a writ of habeas corpus, the Court ordered the parties to meet and confer regarding questions presented in the Petition. See Feb. 5, 2026, Text Order. As part of that Order, the Court ordered that "Petitioner shall not be removed from the United States unless and until the Court orders otherwise," and that "Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York." Id. Yesterday, the government moved to amend the Court's February 5, 2026, Order to the extent it prevented changes to Petitioner's location. See ECF No. 8 . In light of the government's motion to transfer Petitioner to Miami, Florida, see id. at 3, the parties shall show cause why the deadline for the forthcoming amended petition, see ECF No. 7 ; Feb. 12, 2026, Text Order, should not be revised so that the amended petition is due by 5:00 p.m. on February 20, 2026 and the government's response is due by 5:00 p.m. on February 25, 2026. The parties shall file a joint letter responding to this Order by 5:00 p.m. today, February 19, 2026. Ordered by Judge Hector Gonzalez on 2/19/2026. (CBF)

Feb 20, 2026

ORDER: The Court is in receipt of the parties' response to its February 19, 2026, Order to Show Cause, ECF No. 9, and Petitioner's letter opposing the government's request to modify the portions of the Court's February 5, 2026, Order enjoining the government from removing Petitioner from the United States or transferring him to a facility outside of this District or the Southern District of New York, ECF No. 10 .In light of the parties' representations in their response to the most recent Order to Show Cause, there will be no change to the schedule the Court set forth in its February 12, 2026, Order. See Feb. 12, 2026, Text Order. With respect to the government's motion to modify the portions of the Court's February 5, 2026, Order enjoining removal or transfer and Petitioner's opposition to same see ECF Nos. 8, 10, the Court holds any decision in abeyance, based on its expectation that it will address the forthcoming Amended Petition on an expedited basis. See 28 U.S.C. § 2243 (directing courts to "determine the facts, and dispose" of habeas petitions expeditiously, "as law and justice require"). Ordered by Judge Hector Gonzalez on 2/20/2026. (CBF)

Feb 20, 2026

Scheduling Order

#11

Feb 26, 2026

Amended Complaint

#12

Feb 26, 2026

Letter

#13

Feb 26, 2026

Amended Complaint

#14

Feb 26, 2026

Leave to Electronically File Document under Seal

Feb 26, 2026

Scheduling Order

Feb 26, 2026

ORDER: Petitioner's request for a nunc pro tunc extension of his deadline to file the Amended Petition, ECF No. 12, is GRANTED. Petitioner's Amended Petition, ECF No. 13, is deemed timely filed. The Court reminds the parties that the government shall file its comprehensive response on or before March 4, 2026 at 3:00 p.m., and in its response, the government shall include a chronology of Petitioner's detention, including the locations in which Petitioner was detained and relevant dates, from the morning of Petitioner's detention (i.e., February 4, 2026) through the date the government files its response (i.e., March 4, 2026). Petitioner shall file his reply, if any, by March 11, 2026 at 3:00 p.m. Ordered by Judge Hector Gonzalez on 2/26/2026. (CBF)

#15

Mar 04, 2026

Amend/Correct/Supplement

Mar 04, 2026

ORDER: The Court is in receipt of the government's letter indicating that ICE released Petitioner, the parties are discussing whether there are any additional issues to be resolved in this action, and requesting until March 18, 2026, for the parties to finalize any potential agreement. ECF No. 15 . The government's request is granted. On or before March 18, 2026, the parties shall file a stipulation of dismissal or, if the parties cannot agree on dismissal, a joint status report with the parties' proposals for the next steps towards resolution of this matter. All other deadlines are adjourned sine die. Ordered by Judge Hector Gonzalez on 3/4/2026. (CBF)

Mar 04, 2026

Order on Motion to Amend/Correct/Supplement

#16

Mar 18, 2026

Status Report

Mar 18, 2026

ORDER: The Court is in receipt of the parties' letter indicating that the parties are still negotiating issues to be resolved in this action even though Petitioner has been released and requesting until April 8, 2026, for the parties to finalize any potential agreement. See ECF No. 16 . That request is granted. On or before April 8, 2026, the parties shall file a stipulation of dismissal or, if the parties cannot agree on dismissal, another joint status report. The parties should not expect the Court to grant extension requests in perpetuity. If the parties cannot agree on dismissal, their next status report must set forth the parties' proposals for the next steps towards prompt resolution of this matter. For the avoidance of doubt, the Court will not view the parties' representations that "they are still discussing whether there are any additional issues to be resolved in this action," see id., as good cause for further extension, nor will it view such representation as a proposal towards prompt resolution of this matter. Ordered by Judge Hector Gonzalez on 3/18/2026. (CBF)

Mar 18, 2026

Status Report Order

#17

Mar 24, 2026

Notice of Appearance

#18

Apr 08, 2026

Status Report

#19

Apr 10, 2026

Status Report

Apr 13, 2026

ORDER: The Court's last Order made clear that the parties "should not expect the Court to grant extension requests in perpetuity." Mar. 18, 2026, Text Order. However, the parties continue to extend their deadline to file a stipulation of settlement or dismissal. See ECF Nos. 18, 19 . The parties have had more than enough time to resolve this case. Accordingly, by 5:00 p.m. on April 15, 2026 the parties shall file their executed stipulation of settlement or dismissal. There will be no more extensions. If the parties are unable to file their stipulation by that deadline, the parties are to submit a joint letter setting forth their respective position on why the Court should not dismiss this case as moot, considering that Petitioner is not detained and the parties have indicated that "ICE has no intention of re-detaining Petitioner or having him subject to any form of alternative to detention while he is, on a 24-hour, seven-day-a-week basis, in a hospital, nursing home, rehabilitation facility, or assisted living facility." ECF No. 18 . Ordered by Judge Hector Gonzalez on 4/13/2026. (CBF)

Apr 13, 2026

Status Report Order

#20

Apr 15, 2026

Status Report

#21

Apr 15, 2026

Response to Order to Show Cause

#22

Apr 16, 2026

Stipulation of Dismissal

Apr 16, 2026

ORDER: Petitioner's request that "the Court not dismiss the action and allow until tomorrow, April 16, 2026 at 5:00 pm for the parties to file their stipulated dismissal," ECF No. 20, is GRANTED. The Court warns the parties that it is prepared to dismiss the petition and this case as moot if the parties do not file their executed stipulation of settlement or dismissal by 5:00 p.m. today. Ordered by Judge Hector Gonzalez on 4/16/2026. (CBF)

Apr 16, 2026

Order Dismissing Case

Apr 16, 2026

Scheduling Order

Apr 16, 2026

ORDER DISMISSING CASE pursuant to the parties' stipulation of dismissal. See ECF No. 22 . In light of this Order, ECF Nos. 3, 5, 8, and 14 are terminated as moot. Ordered by Judge Hector Gonzalez on 4/16/2026. (CBF)