Eastern District of New York • 2:26-cv-00681

#1

Feb 06, 2026

PETITION for Writ of Habeas Corpus, filed by Dinh Tu Nguyen. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Order to show Cause) (LJ) (Entered: 02/06/2026)

#2

Feb 06, 2026

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

#3

Feb 06, 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 should not be granted by Monday, February 9, 2026, at 3:00 p.m.. Petitioner's Reply, if any, shall be filed by Tuesday, February 10, 2026, at 10:00 a.m.. 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 are further ORDERED TO appear before this Court for a hearing on the petition on Tuesday, February 10, 2026, at 3:00 p.m.. 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 2/6/2026. (MMC) (Entered: 02/06/2026)

Feb 06, 2026

ORDER. By February 6, 2026, at 11:59 p.m., Respondents must file a letter on the Court's docket confirming where Mr. Nguyen is presently being detained and confirming that he has not been transferred in violation of this Court's Order to Show Cause (ECF No. 3 ) and will not be transferred at any point prior to this Court's Show Cause hearing on Tuesday, February 10, 2026, at 3:00 p.m. Respondents must also address whether Mr. Nguyen has been or will be detained in 535 Federal Plaza, Central Islip, NY, and if so, the specific dates and times on which he 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 2/6/2026. (MMC)

Feb 06, 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 06, 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)

Feb 06, 2026

***Notice: Re: Requires Newly Updated Civil Cover Sheet. The Civil cover sheet has been updated effective 12/10/2025 and the Clerk's Office requires the updated version of the civil cover sheet to be filed on this case. The form is available at: https://www.nyed.uscourts.gov/sites/default/files/uploads/js44-45.pdf. Please complete pages one and two and resubmit using new JS44. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

Feb 06, 2026

Incorrect Case/Document/Entry Information. Corrected Respondent names on the docket to match what was listed in the Petition. Deleted Docket Entry No. 1 (Petition and Attachments) and refiled as against all Respondents on behalf of Petitioner. (LJ)

Feb 06, 2026

FILING FEE: $ 5, receipt number ANYEDC-19886500, (LJ)

Feb 06, 2026

Order to Show Cause (Federal)

Feb 06, 2026

Order(Other)

Feb 06, 2026

Case Assigned/Reassigned

Feb 06, 2026

Quality Control Check - Summons

Feb 06, 2026

Filing Fee Received

Feb 06, 2026

Notice: Re: Incomplete Civil Cover Sheet

Feb 06, 2026

Incorrect Case-Document Information

Feb 06, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus. In light of the reassignment of this case, this Order replaces the prior Order to Show Cause.The United States Attorney, as attorney for the respondents, is directed to show cause by 3:00 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 O.F.B. v. Maldonado, No. 25-CV-6336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 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, it must serve a copy of the response on the petitioner, with proof of 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 that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property.If the government files a response, the petitioner may file a reply by 10:00 a.m. on February 10, 2026, with proof of service to the Clerk of Court.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. (EHS)

Feb 06, 2026

Case Randomly Reassigned to Judge Ann M. Donnelly. Judge Nusrat J. Choudhury no longer assigned to the 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. (BBM)

#4

Feb 09, 2026

Letter

#5

Feb 09, 2026

Settlement Agreement

#6

Feb 09, 2026

Letter

#7

Feb 09, 2026

Stipulation

Feb 10, 2026

Case Transferred Out - District Transfer

Feb 10, 2026

Stipulation and Order to transfer Habeas Action. Case transferred to the Eastern District of California. Original file extracted via ecf. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Ann M. Donnelly on 2/10/2026. (DG)

Feb 10, 2026

Transfer Case Opened

Feb 10, 2026

Case transferred from New York Eastern has been opened in Eastern District of California - Live System as case 1:26-cv-01173, filed 02/10/2026. (TLH)