Active
Case Information
Filed: February 07, 2026
Assigned to:
Nusrat J. Choudhury
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
February 10, 2026
Parties:
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Docket Entries
#1
Feb 07, 2026
PETITION for Writ of Habeas Corpus, filed by Luis Francisco Mira Castro. (Bembi, Bruno) (Entered: 02/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 07, 2026
Civil Cover Sheet.. by Luis Francisco Mira Castro (Bembi, Bruno) (Entered: 02/07/2026)
Main Document:
Proposed Summons/Civil Cover Sheet
#3
Feb 08, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 02/08/2026)
Main Document:
Quality Control Check - Attorney Case Opening
#4
Feb 08, 2026
STAY OF REMOVAL AND ORDER TO SHOW CAUSE: As set forth in the attached Order, the parties are ORDERED to appear before this Court for a hearing on the Petition on Wednesday, February 11, 2026, at 2:00 PM in Courtroom 1040 of the Alfonse DAmato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. Respondents are further ORDERED to produce Petitioner for in-person appearance at the hearing. As set forth in more detail in the attached Order, Respondents shall submit a letter, by today, February 8, 2026, at 11:59 PM, indicating whether a hearing is necessary and addressing how the Court should handle the Petition. This letter must include the information set forth in the attached Order. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents are further ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Tuesday, February 10, 2026 at 5:00 PM. Petitioners Reply, if any, shall be filed by Wednesday, February 11, at 10:00 AM. 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 2/8/2026. (JEG) (Entered: 02/08/2026)
Main Document:
Order to Show Cause (Federal)
Feb 08, 2026
The case of Mira Castro v. Noem et al, has been opened in the Eastern District of New York. The case number is 2:26-cv-00696. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. FAILURE to not pay the fee may result in your case being dismissed. (LJ)
Feb 08, 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)
Feb 08, 2026
**Notice: Re: Incorrect Civil Cover Sheet. The Clerk's Office requires a copy of the most recent Civil Cover Sheet updated 12/10/2025. Please resubmit corrected Civil Cover Sheet using the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)
Feb 08, 2026
Case Assigned/Reassigned
Feb 08, 2026
Quality Control Check - Summons
Feb 08, 2026
Notice to Pay Civil Filing Fee
Feb 08, 2026
Notice: Re: Incomplete Civil Cover Sheet
Feb 08, 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. (LJ)
#5
Feb 09, 2026
Letter
#6
Feb 09, 2026
Letter
#7
Feb 09, 2026
Notice of Appearance
#8
Feb 09, 2026
Letter
Feb 09, 2026
ORDER: By today, February 9, 2026 at 5:00 PM, Petitioner's counsel must notify the Court in writing if an interpreter is needed for the February 11, 2026 hearing and if so, what language interpretation the Petitioner requires. Ordered by Judge Nusrat J. Choudhury on 2/9/2026. (JEG)
Feb 09, 2026
Order(Other)
#9
Feb 10, 2026
1 - Terminate Hearings AND Order(Other)
Main Document:
1 - Terminate Hearings AND Order(Other)
#10
Feb 10, 2026
Filing Fee Received
Main Document:
Filing Fee Received
#11
Feb 10, 2026
Letter
Main Document:
Letter
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