Eastern District of New York • 2:26-cv-00647

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19882745, filed by Felipe Donald Aguinaga Castellon. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, (Attachments: # 1 Civil Cover Sheet) (Goldman, Michael) Modified on 2/5/2026 (SMF). (Entered: 02/05/2026)

#2

Feb 05, 2026

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

#3

Feb 05, 2026

MOTION for Order to Show Cause by Felipe Donald Aguinaga Castellon. (Attachments: # 1 Proposed Order) (Goldman, Michael) (Entered: 02/05/2026)

#4

Feb 05, 2026

ORDER TO SHOW CAUSE. As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus (ECF No. 1 ) should not be granted by February 6, 2026. Petitioner's Reply, if any, shall be filed by February 7, 2026. Respondents' response to this Order to show cause must identify the statutory basis they are asserting for detaining Petitioner, whether 8 U.S.C. § 1225(b)(1), 8 U.S.C. § 1225(b)(2), 8 U.S.C. § 1226(c), and/or some other provision of the Immigration and Nationality Act. Respondents must also include all documents material to Respondents' asserted statutory basis for detaining Petitioner in their filing. The parties shall appear for a telephone conference on February 7, 2026 at 2:00 PM. The parties must call the Teleconferencing Center at (571) 353-2301 and enter Access Code 981400071 when prompted.The parties are further ORDERED TO appear before this Court for a hearing on the petition on February 9, 2026 at 11:00 AM. The hearing will be held in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. 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 Assn, 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).Additionally, 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 Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 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); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent from transferring Petitioner to another detention facility during the pendency of the stay); 28 U.S.C. § 1651(a) (empowering courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law). Within 24 hours of issuance of this Order, Petitioner's counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 2/5/2026. (CQTH) (Entered: 02/05/2026)

#5

Feb 05, 2026

Letter to the Honorable Nusrat J. Choudhury to advise the court that petitioner is currently detained at Nassau County Correctional Center by Judith Almodovar, Pamela Bondi, Todd M. Lyons, Kristi Noem (Leonardo, Diane) (Entered: 02/05/2026)

Feb 05, 2026

ORDER. By February 5, 2026 at 11:59 PM, Respondents must file a letter on the Court's docket confirming where Mr. Aguinaga Castellon is presently being detained and confirming that he has not been transferred in violation of this Court's Order to Show Cause (ECF No. 4 ) and will not be transferred at any point prior to this Court's Show Cause hearing on February 9, 2026 at 11:00 AM. Respondents must also address whether Mr. Aguinaga Castellon has been or will be detained in 535 Federal Plaza, Central Islip, NY, and if so, the specific dates and times on which has been or will be detained in this facility.The Clerk of Court is directed to email this Order to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York.Ordered by Judge Nusrat J. Choudhury on 2/5/2026. (CQTH)

Feb 05, 2026

Quality Control Check - Summons

Feb 05, 2026

Your proposed 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., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Feb 05, 2026

Case Assigned to Judge Nusrat J. Choudhury. 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. (SMF)

Feb 05, 2026

Order(Other)

Feb 05, 2026

Case Assigned/Reassigned

#6

Feb 06, 2026

Letter by Felipe Donald Aguinaga Castellon (Goldman, Michael) (Entered: 02/06/2026)

#7

Feb 06, 2026

ORDER TO PRODUCE. The United States District Court for the Eastern District of New York commands U.S. Immigration and Customs Enforcement to have petitioner Felipe Donald Aguinaga Castellon, who is presently detained in the Nassau County Correctional Center, 100 Carman Avenue, East Meadow, NY 11554, to be brought under safe and secure custody to Courtroom 1040, before the Honorable Nusrat J. Choudhury, United States District Judge, at the United States Courthouse for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722, on Monday, February 9, 2026 at 11:00 AM.Ordered by Judge Nusrat J. Choudhury on 2/6/2026. (CQTH) (Entered: 02/06/2026)

#8

Feb 06, 2026

Notice of Appearance

#9

Feb 06, 2026

Letter

#10

Feb 06, 2026

Response to Order to Show Cause

#11

Feb 06, 2026

Declaration

#12

Feb 06, 2026

Notice of Appearance

Feb 06, 2026

ORDER. By February 6, 2026 at 3:00 PM, Petitioner's counsel must notify the Court in writing if an interpreter is needed for the February 9, 2026 hearing and, if so, what language interpretation the Petitioner requires.Ordered by Judge Nusrat J. Choudhury on 2/6/2026. (CQTH)

Feb 06, 2026

Order(Other)

Feb 06, 2026

ORDER. The Court has reviewed counsel for Petitioner's request to conduct the February 9, 2026 hearing remotely. (ECF No. 6 .) The request is granted in part. The hearing will be conducted in hybrid format. Counsel for Petitioner will be permitted to appear via telephone. Petitioner's counsel must provide the Court with his name and phone number via email at choudhury_chambers@nyed.uscourts.gov and shall be available 10 minutes prior to the hearing start time. The Court shall initiate the phone call to Petitioner's counsel. All other individuals, including Petitioner, counsel for Respondents, and any court reporters and interpreters shall appear in person. Ordered by Judge Nusrat J. Choudhury on 2/6/2026. (CQTH)

#13

Feb 07, 2026

Order(Other)

#14

Feb 07, 2026

Letter

Feb 07, 2026

MINUTE ENTRY. The Court held a telephone conference on February 7, 2026 at 2:00 PM. Michael Goldman appeared on behalf of Petitioner Felipe Donald Aguinaga Castellon. Diane Leonardo appeared on behalf of Respondents.The Court confirmed receipt of Respondents' response to this Court's Order to Show Cause. (ECF No. 10 .) Respondents answered inquiries from the Court regarding the statements set forth in the Declaration of ICE Deportation Officer Mincheol So. (ECF No. 11 .) Respondents represented that all documents material to their response have been filed and that no material documents have been omitted.Petitioner represented that he would not file a reply and would rest on the arguments set forth in the Petition. (ECF No. 1 .) For the reasons explained on the record, which are to be set forth in more detail in a forthcoming written Memorandum and Order, the Court granted the Petition for a Writ of Habeas Corpus. The Court ordered Respondents to release Mr. Aguinaga Castellon from ICE custody immediately. Furthermore, pending any final order of removal, the Court enjoined Respondents from denying Mr. Aguinaga Castellon bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b)(2), absent a change in relevant circumstances consistent with the Court's ruling. The Court also set a deadline for the filing of a motion for fees under the Equal Access to Justice Act.The Court further ordered counsel for Respondents to ensure that Mr. Aguinaga Castellon's counsel and family are apprised of the details of his release, including pickup time and location. By February 7, 2026 at 11:59 PM, Respondents must file a submission with the Court confirming that ICE has released Mr. Aguinaga Castellon from custody in compliance with these directives. (CQTH)

Feb 07, 2026

Telephone Conference

Feb 08, 2026

1 - Terminate Hearings AND Scheduling Order

Feb 08, 2026

ORDER. In light of Respondents' confirmation that ICE released Mr. Aguinaga Castellon from custody yesterday evening (ECF No. 14 ), the hearing scheduled for February 9, 2026 at 11:00 AM has been cancelled. All deadlines in this action are terminated, with the exception of any application by Petitioner for attorneys' fees and costs under the Equal Access to Justice Act, which is due May 8, 2026. Ordered by Judge Nusrat J. Choudhury on 2/8/2026. (CQTH)

#15

Feb 10, 2026

Attorney Fees

Feb 12, 2026

ORDER. The Court has received the motion for attorneys' fees by counsel for Petitioner. (ECF No. 15 .) Respondents shall file their response by February 27, 2026. Ordered by Judge Nusrat J. Choudhury on 2/12/2026. (CQTH)

Feb 12, 2026

Order(Other)

#16

Feb 26, 2026

Letter

#17

Mar 06, 2026

Extension of Time to File Document

Mar 09, 2026

ORDER. The Court has received Respondents' request for an extension in light of the recent lapse in appropriations for certain federal government functions. (ECF No. 17 .) The request is granted. The parties shall file their stipulation for attorneys' fees and costs under the Equal Access to Justice Act within two weeks of appropriations being restored. Ordered by Judge Nusrat J. Choudhury on 3/9/2026. (CQTH)

Mar 09, 2026

Order(Other)

#18

May 06, 2026

Proposed MOTION for Attorney Fees by Stipulation by Judith Almodovar, Pamela Bondi, Todd M. Lyons, Kristi Noem. (Schumacher, Robert) (Entered: 05/06/2026)

May 08, 2026

ORDER. The parties' joint stipulation for attorneys' fees is SO ORDERED. (ECF No. 18 .) Plaintiff is awarded $2,246.96 in attorneys' fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Ordered by Judge Nusrat J. Choudhury on 5/8/2026. (CQTH)

May 08, 2026

Order on Motion for Attorney Fees AND Order on Motion for Attorney Fees AND Order on Motion for Extension of Time to File

#19

Jun 22, 2026

Enforce Judgment

Jun 23, 2026

Order(Other)

#20

Jun 24, 2026

Letter

Jun 25, 2026

Order on Motion to Enforce Judgment