Southern District of New York • 1:26-cv-01206

Truong v. Genalo

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Case Information

Filed: February 12, 2026
Assigned to: Andrew Lamar Carter Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
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Last Activity: February 13, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 12, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32404763) Request for emergency relief to be separately filed..Document filed by Hai Quoc Truong..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 12, 2026
REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Petition for Writ of Habeas Corpus. Document filed by Hai Quoc Truong..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Request for Issuance of Summons
#3
Feb 12, 2026
REQUEST FOR ISSUANCE OF SUMMONS as to Todd M. Lyons, re: 1 Petition for Writ of Habeas Corpus. Document filed by Hai Quoc Truong..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Request for Issuance of Summons
#4
Feb 12, 2026
REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Genalo, Field Office Director, New York Field Office, Enforcement and Removal, Immigration & Customs Enforcement, re: 1 Petition for Writ of Habeas Corpus. Document filed by Hai Quoc Truong..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Request for Issuance of Summons
#5
Feb 12, 2026
CIVIL COVER SHEET filed..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Civil Cover Sheet
#6
Feb 12, 2026
EMERGENCY MOTION for Temporary Restraining Order EMERGENCY HABEAS CORPUS RELIEF, TEMPORARY RESTRAINING ORDER, AND STAY OF TRANSFER. Document filed by Hai Quoc Truong. (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affirmation of Joshua Bardavid, # 3 Exhibit Exhibit A EOIR Case Status, # 4 Exhibit Exhibit B Address History, # 5 Exhibit Exhibit C Birth Certificates of Merrick Truong and Darren Truong, # 6 Exhibit Exhibit D NYU Langone Health Records for Merrick Truong, # 7 Exhibit Exhibit E Order of Supervision, # 8 Exhibit Exhibit F ICE Personal Report Record, # 9 Exhibit Exhibit G Letter from Consulate of the Socialist Republic of Vietnam, # 10 Exhibit Exhibit H Employment Authorization Documents).(Bardavid, Joshua) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 02/12/2026)
Main Document: Temporary Restraining Order
#7
Feb 12, 2026
ELECTRONIC SUMMONS ISSUED as to Kenneth Genalo..(jgo) (Entered: 02/12/2026)
Main Document: Summons Issued
#8
Feb 12, 2026
ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo) (Entered: 02/12/2026)
Main Document: Summons Issued
#9
Feb 12, 2026
ELECTRONIC SUMMONS ISSUED as to Todd M. Lyons..(jgo) (Entered: 02/12/2026)
Main Document: Summons Issued
#10
Feb 12, 2026
AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus. Kristi Noem served on 2/12/2026, answer due 3/5/2026. Service was accepted by Civil Clerk. Document filed by Hai Quoc Truong..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Affidavit of Service Complaints
#11
Feb 12, 2026
AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus. Kenneth Genalo served on 2/12/2026, answer due 3/5/2026. Service was accepted by Civil Clerk. Document filed by Hai Quoc Truong..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Affidavit of Service Complaints
#12
Feb 12, 2026
AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus. Todd M. Lyons served on 2/12/2026, answer due 3/5/2026. Service was accepted by Civil Clerk. Document filed by Todd M. Lyons..(Bardavid, Joshua) (Entered: 02/12/2026)
Main Document: Affidavit of Service Complaints
#13
Feb 12, 2026
Petitioner has filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, determines that an immediate order is necessary to preserve the Courts jurisdiction.Accordingly, in order to preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dept of Homeland Sec., No. 25-CV-0644, 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ([A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the courts jurisdiction over a case or cases.). Moreover, in light of Petitioners interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioners transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 02/12/2026)
Feb 12, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Feb 12, 2026
Notice to Attorney to Submit/File Civil Cover Sheet
Feb 12, 2026
Case Opening Initial Assignment Notice
Feb 12, 2026
NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Mary Kay Vyskocil is no longer assigned to the case. (laq)
Feb 12, 2026
NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Valerie E. Caproni is no longer assigned to the case. (vba)
Feb 12, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Bardavid. The party information for the following party/parties has been modified: Kenneth Genalo; Todd M. Lyons; Kirsti Noem. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
Feb 12, 2026
Case Designated ECF. (jgo)
Feb 12, 2026
Magistrate Judge Sarah L. Cave 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. (jgo)
Feb 12, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joshua Bardavid. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
Feb 12, 2026
Order
Feb 12, 2026
Notice to Attorney Regarding Party Modification
Feb 12, 2026
Notice of Case Assignment/Reassignment
#14
Feb 13, 2026
Order to Answer, 28 U.S.C. 2241 AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions
Main Document: Order to Answer, 28 U.S.C. 2241 AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions