Southern District of New York • 1:25-cv-07715

#1

Sep 16, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Elisa Fontanelli, Juan Martin Bernal Garcia. (mml) (Entered: 09/17/2025)

Sep 16, 2025

Case Designated ECF. (mml)

#2

Sep 17, 2025

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (mml) Modified on 9/17/2025 (mml). (Entered: 09/17/2025)

#3

Sep 17, 2025

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, IT IS HEREBY ORDERED that: 1. Respondents are ORDERED to file a return on the Order to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by September 22, 2025. See 28 U.S.C. § 2243. 2. Petitioner shall have an opportunity to reply by September 23, 2025. 3. The parties are further ORDERED to appear before this Court for a hearing on the petition on September 25, 2025, at 2:30 p.m. in Courtroom 20B, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. 4. Pending consideration, Respondents ARE HEREBY RESTRAINED from transferring the Petitioner out of the Southern District of New York. 5. Petitioner shall pay the required filing fee or file an application to proceed in forma pauperis by September 19, 2025. Service of this Order shall by effected by Petitioner on the United States Attorney for the Southern District of New York by 5:00 PM on September 18, 2025, and shall constitute good and sufficient service. SO ORDERED. Show Cause Hearing set for 9/25/2025 at 02:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. Show Cause Response due by 9/22/2025. (Signed by Judge Jennifer L. Rochon on 9/17/2025) (jca) Transmission to Finance Unit (Cashiers) for processing. (Entered: 09/17/2025)

Sep 17, 2025

Notice of Case Assignment/Reassignment

Sep 17, 2025

Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)

Sep 17, 2025

NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Unassigned is no longer assigned to the case..(kgo)

Sep 17, 2025

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information. (mml)

Sep 17, 2025

Note Regarding Service on Self-Represented Party

Sep 17, 2025

Set/Reset Deadlines: Replies due by 9/23/2025. (jca)

#4

Sep 18, 2025

Order to Answer, 28 U.S.C. 2241

#5

Sep 18, 2025

Notice of Appearance

#6

Sep 18, 2025

Extension of Time

Sep 18, 2025

Mailing Receipt

Sep 18, 2025

MAILING RECEIPT: Document No: 3. Mailed to: Juan Martin BernalGarcia A240479070 Delaney Hall Detention Facility 451 Doremus Avenue Newark, NJ 07105; Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (nb)

Sep 18, 2025

MAILING RECEIPT: Document No: 2. Mailed to: Juan Martin BernalGarcia A240479070 Delaney Hall Detention Facility 451 Doremus Avenue Newark, NJ 07105; Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (nb)

#7

Sep 19, 2025

Order on Motion for Extension of Time

#8

Sep 19, 2025

Letter

#9

Sep 19, 2025

Request for Issuance of Summons

Sep 19, 2025

Pro Se Payment of Fee - Processed

Sep 19, 2025

Mailing Receipt

Sep 19, 2025

MAILING RECEIPT: Document No: 7. Mailed to: Juan Martin BernalGarcia A240479070 Delaney Hall Detention Facility 451 Doremus Avenue Newark, NJ 07105; Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (dsh)

Sep 19, 2025

MAILING RECEIPT: Document No: 4. Mailed to: Juan Martin BernalGarcia A240479070 Delaney Hall Detention Facility 451 Doremus Avenue Newark, NJ 07105; Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (dsh)

Sep 19, 2025

Pro Se Payment of Fee Processed: $5.00 Credit Card payment processed by the Finance Department on 9/19/2025, Receipt Number 43287. (je)

Sep 19, 2025

Set/Reset Deadlines: ( Motions due by 9/22/2025., Replies due by 9/22/2025.), Set/Reset Hearings:( Show Cause Hearing set for 9/29/2025 at 11:00 AM before Judge Jennifer L. Rochon.) (jca)

#10

Sep 21, 2025

Letter

#11

Sep 22, 2025

FRCP 4 Service Package - Mailed

#12

Sep 22, 2025

ORDER GRANTING PRO BONO COUNSEL: IT IS HEREBY ORDERED THAT the Clerk of Court is directed to attempt to locate pro bono counsel to represent Petitioner in this case. It should be noted that the Court does not have the authority to "appoint" counsel, but instead, may only "request" that an attorney volunteer to represent a litigant pro bono. Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 301-310 (1989). If an attorney volunteers, the attorney will contact Petitioner, or his next friend, directly; IT IS FURTHER ORDERED if Petitioner has already successfully secured counsel on his own, or otherwise does not wish the Court to seek volunteers for pro bono counsel, he must inform the Court by September 23, 2025; and IT IS FURTHER ORDERED that the Clerk of the Court is directed to immediately e-mail a copy of this Order to the Petitioner in care of his next friend, Elisa Fontanelli, at eli.fontanelli@gmail.com. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/22/2025) (jca) Transmission to Office of Pro Se Litigation for processing. (Entered: 09/22/2025)

#13

Sep 22, 2025

LETTER addressed to Judge Jennifer L. Rochon from Elisa Fontanelli re: I write to you to respectfully request assistance in reaching my friend Juan Martin Bernal Garcia, who I know as Mar. On Monday, September 15, 2025, ICE detained Mar. Since then, I have worked tirelessly to connect him with legal counsel. Document filed by Elisa Fontanelli.(sgz) (Main Document 13 replaced on 9/23/2025) (sgz). (Entered: 09/23/2025)

#14

Sep 23, 2025

Order

#15

Sep 23, 2025

Letter

Sep 23, 2025

Mailing Receipt

Sep 23, 2025

MAILING RECEIPT: Document No: 12. Mailed to: Juan Martin BernalGarcia A240479070 Delaney Hall Detention Facility 451 Doremus Avenue Newark, NJ 07105; Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (dh)

#16

Sep 24, 2025

Order

#17

Sep 24, 2025

Notice of Appearance of Pro Bono Counsel

#18

Sep 24, 2025

Notice of Appearance of Pro Bono Counsel

#19

Sep 24, 2025

Letter

#20

Sep 24, 2025

ORDER. Given that Petitioner is now represented by counsel, and given the Government's representations that counsel is now in communication with Petitioner, Petitioner shall file a formal motion to the extent he seeks his return to the Southern District of New York pending the adjudication of the habeas Petition. Upon Petitioner's filing of any such motion, the Government will be given an opportunity to respond. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba) (Entered: 09/24/2025)

Sep 24, 2025

Order

Sep 24, 2025

MAILING RECEIPT: Document No: 14. Mailed to: Juan Martin BernalGarcia A240479070 Delaney Hall Detention Facility 451 Doremus Avenue Newark, NJ 07105; Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (lab)

Sep 24, 2025

Mailing Receipt

#21

Sep 25, 2025

Response to Petition for a Writ of Habeas Corpus

#22

Sep 25, 2025

Declaration (non-motion)

#23

Sep 25, 2025

Memorandum of Law in Opposition (non-motion)

Sep 25, 2025

MAILING RECEIPT: Document No: 20. Mailed to: Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (anc)

Sep 25, 2025

MAILING RECEIPT: Document No: 16. Mailed to: Elisa Fontanelli 481 Waverly Ave, Apt. 1 Brooklyn, NY 11238. (anc)

Sep 25, 2025

Mailing Receipt

#24

Sep 26, 2025

Reply Memorandum of Law in Opposition (non-motion)

#25

Sep 26, 2025

ORDER. On consent of counsel, the hearing scheduled for 11:00 AM on September 29, 2025, shall be held at 9:00 AM on September 29, 2025. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (dz) (Entered: 09/26/2025)

Sep 26, 2025

Order

#26

Sep 27, 2025

Miscellaneous Relief

#27

Sep 29, 2025

Memorandum & Opinion

Sep 29, 2025

Mailing Receipt

Sep 29, 2025

Minute Entry for proceedings held before Judge Jennifer L. Rochon: Show Cause Hearing held on 9/29/2025. (aba)

Sep 29, 2025

Show Cause Hearing

Sep 30, 2025

Mailing Receipt