Eastern District of New York • 1:26-cv-00650

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19882942, filed by Sumit Sumit. (Attachments: # 1 Civil Cover Sheet) (Goldman, Michael) (Entered: 02/05/2026)

#2

Feb 06, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 02/06/2026)

#3

Feb 06, 2026

MOTION for Order to Show Cause by Sumit Sumit. (Attachments: # 1 Proposed Order) (Goldman, Michael) (Entered: 02/06/2026)

Feb 06, 2026

Order on Motion to Show Cause AND Order to Show Cause (Federal)

Feb 06, 2026

Case Assigned to Judge Ann M. Donnelly. 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)

Feb 06, 2026

Case Assigned/Reassigned

Feb 06, 2026

ORDER granting 3 Motion for Order to Show Cause; ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by Sumit Sumit. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on February 9, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should also address whether the petition is controlled by this Court's opinion in Ye v. Maldonado, No. 25-CV-6417,2025 WL 3521298 (E.D.N.Y. Dec. 8, 2025), and Judge Gonzalez's opinion in R.P.L. v. Maldonado,No. 25-CV-6886, 2025 WL 3731864 (E.D.N.Y. Dec. 26, 2025). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for the respondents must serve a copy of the response on the 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 the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records relied upon in its submission not yet filed by the petitioner, and records indicating whether any property was seized from the petitioner at the time of his arrest. If the government files a response, the petitioner is directed to file a reply, if any, by 5:00 p.m. on February 10, 2026, with proof of service to the Clerk of Court. The parties are also directed to appear for a conference on February 12, 2026 at 11:30 a.m. in Courtroom 4G North. To preserve the Court's jurisdiction pending a ruling on the petition, the 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 the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025), ECF No. 3 (collecting cases in support of enjoining transfer of petitioner outside of New York City area). 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. Ordered by Judge Ann M. Donnelly on 2/6/2026. (CES)

#4

Feb 09, 2026

Letter

Feb 09, 2026

SCHEDULING ORDER: The Court has received 4 the government's response to the order to show cause. The petitioner's reply is not necessary, and the conference scheduled for February 12, 2026 is adjourned. The Court will decide the petition on the papers. Ordered by Judge Ann M. Donnelly on 2/9/2026. (CES)

Feb 09, 2026

Scheduling Order

#5

Feb 10, 2026

Memorandum & Opinion

#6

Feb 11, 2026

Status Report

#7

Feb 11, 2026

Judgment - Clerk

#8

Feb 11, 2026

Status Report