Eastern District of New York • 1:26-cv-00405

#1

Jan 22, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19835671, filed by Renato Merlo Puerto. (Goldman, Michael) (Entered: 01/22/2026)

#2

Jan 22, 2026

Civil Cover Sheet.. by Renato Merlo Puerto (Goldman, Michael) (Entered: 01/22/2026)

#3

Jan 23, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 01/23/2026)

#4

Jan 23, 2026

MOTION for Order to Show Cause by Renato Merlo Puerto. (Attachments: # 1 Proposed Order) (Goldman, Michael) (Entered: 01/23/2026)

Jan 23, 2026

Order Reassigning Case

Jan 23, 2026

Order(Other)

Jan 23, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the U.S. Attorney's Office. Respondents are further ordered to show cause in writing no later than January 26, 2026 at 1:00 p.m. as to why the 1 Petition should not be granted. In their submission, Respondents shall affirm that they have provided the Court with all facts material to Petitioner's claims and Respondents' opposition to the petition, and shall attach as exhibits all records related to those facts. Petitioner may reply by January 29, 2026 at 1:00 p.m. The Court will hear argument on the Petition on January 31, 2026 at 12:00 p.m. via Zoom. The Court will provide video conference information to the parties. Ordered by Judge Nina R. Morrison on 1/23/2026. (OA)

Jan 23, 2026

ORDER: To preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. N.Y. 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."); 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, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); Ozturk v. Hyde, 136 F.4th 382 (2d Cir. 2025) (declining to stay a district court order, issued pursuant to the All Writs Act, which transferred petitioner to the district court's territorial jurisdiction, given district courts' "undeniabl[e]... inherent authority to protect [its] proceedings" (citation modified)); 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). The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorney's Office (USAO) for the Eastern District of New York. Petitioner's counsel shall also serve a copy of the order on the USAO. Ordered by Judge Nina R. Morrison on 1/23/2026. (OA)

Jan 23, 2026

ORDER REASSIGNING CASE. Case reassigned to Judge Nina R. Morrison for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 1/23/2026. (SDM)

Jan 23, 2026

Case Assigned to Judge Eric N. Vitaliano. 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. (SDM)

Jan 23, 2026

Order on Motion to Show Cause

Jan 23, 2026

Case Assigned/Reassigned

#5

Jan 26, 2026

Consent MOTION for Extension of Time to File Response/Reply as to Order on Motion for Order to Show Cause,,, by Judith Almodovar, Pamela Bondi, Todd M. Lyons, Kristi Noem. (Cooper, David) (Entered: 01/26/2026)

Jan 26, 2026

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

Jan 26, 2026

ORDER granting 5 Motion for Extension of Time to File. Respondents shall respond to the Order to Show Cause dated January 23, 2026 no later than January 27, 2026 at 1:00 p.m. Ordered by Judge Nina R. Morrison on 1/26/2026. (OA)

#6

Jan 27, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Judith Almodovar, Pamela Bondi, Todd M. Lyons, Kristi Noem (Attachments: # 1 Declaration of Patrick Heerey, # 2 Exhibit A (I-589), # 3 Exhibit B (NTA), # 4 Exhibit C (42B), # 5 Exhibit D (I-213), # 6 Exhibit E (Warrant), # 7 Exhibit F (Initial Custody Determination)) (Cooper, David) (Entered: 01/27/2026)

#7

Jan 27, 2026

Letter by Renato Merlo Puerto (Goldman, Michael) (Entered: 01/27/2026)

#8

Jan 27, 2026

ORDER: For reasons stated in the attached Order, Petitioner's 1 Petition for Writ of Habeas Corpus is GRANTED. Respondents are directed to release Petitioner from custody no later than 10:00AM on Wednesday, January 28, 2026, under the terms and procedures specified in the order. Ordered by Judge Nina R. Morrison on 1/27/2026. (OA) (Modified on 1/27/2026 to include release directive) (FV). (Entered: 01/27/2026)

#9

Jan 28, 2026

STATUS REPORT confirming Petitioner's release from custody on January 28, 2026 by Judith Almodovar, Pamela Bondi, Todd M. Lyons, Kristi Noem (Cooper, David) (Entered: 01/28/2026)

#10

Feb 10, 2026

Enforce Judgment

Feb 10, 2026

Order(Other)

#11

Feb 13, 2026

Withdraw

#12

Feb 15, 2026

Attorney Fees

#13

Feb 16, 2026

Response to Motion

Feb 17, 2026

Order on Motion to Enforce Judgment AND Order on Motion to Withdraw

Feb 17, 2026

ORDER finding as moot 10 Motion to Enforce Judgment and granting 11 Motion to Withdraw 10 . Ordered by Judge Nina R. Morrison on 2/17/2026. (OA)