Southern District of New York • 1:26-cv-01205

#1

Feb 12, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Ivonne Andrea Vergara Prada. (Attachments: # 1 Exhibit 1).(kgo) (Entered: 02/12/2026)

#2

Feb 12, 2026

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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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) (kgo) (Entered: 02/12/2026)

#3

Feb 12, 2026

ORDER: On February 12, 2026, Petitioner, through Next Friend Dennis Colon, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the petition in this action, hereby ORDERS that: On or before February 13, 2026, at 2:00 p.m., the Government shall file a letter with the following information: a. Petitioners A-number and current place of detention; b. The statutory provision(s) under which Respondents assert the authority to detain Petitioner; c. A copy of any final order of removal; d. Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; and e. An indication of whether this case is distinguishable from previous cases decided by this Court or other courts in this District. See, e.g., Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF). (ii) On or before February 17, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted. (iii) Petitioner shall have the opportunity to reply on or before February 24, 2026. (iv) The parties shall appear for a conference regarding the petition on March 3, 2026, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Respondents shall produce Petitioner at this hearing. The Clerk of Court shall mail a copy of this Order to Petitioner at the following address: Ivonne Andrea Vergara Prada 88-20 Whitney Ave Elmhurst, NY 11373 (viii) In addition, the Clerk of Court shall email a copy of this Order to Petitioners Next Friend at denniscolon94@gmail.com. ( Responses due by 2/17/2026, Replies due by 2/24/2026., Show Cause Hearing set for 3/3/2026 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/12/2026) (rro) (Entered: 02/12/2026)

Feb 12, 2026

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..(kgo)

Feb 12, 2026

Note Regarding Service on Self-Represented Party

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. (kgo)

Feb 12, 2026

Case Designated ECF. (kgo)

#4

Feb 13, 2026

NOTICE OF APPEARANCE by Janet Lynne Guyon on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Guyon, Janet) (Entered: 02/13/2026)

#5

Feb 13, 2026

LETTER addressed to Judge Katherine Polk Failla from Janet Guyon dated 2/13/2026 re: Letter in response to court's order. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Guyon, Janet) (Entered: 02/13/2026)

#6

Feb 13, 2026

ORDER: The Court appreciates the Government's prompt response. The Government concedes that cases this Court has already decided, including Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF), would control the result in this case. (See Vergara Prada Dkt. #5). In Ortiz-Lopez, this Court granted Mr. Ortiz-Lopez's petition for a writ of habeas corpus. (See Ortiz-Lopez Dkt. #13). As such, Mr. Rodriguez Perez's Petition in this action is GRANTED for the reasons set forth on the record in the October 22, 2025 conference in Ortiz-Lopez. (See Ortiz-Lopez Dkt. #15). Respondents are ORDERED to, with the help of United States Immigration and Customs Enforcement, transport Petitioner back to the Southern District of New York by February 14, 2026, if she is not already in the District, and immediately upon effectuating her transfer, to release Petitioner from custody. See Lopez Benitez v. Francis, F. Supp. 3d, No. 25 Civ. 5937 (DEH), 2025 WL 2371588, at *15 (S.D.N.Y. Aug. 13, 2025). Respondents may impose only the restraints on Petitioner's liberty that existed prior to her detention. Respondents are further ORDERED to certify compliance with this ORDER no later than 5:00 p.m. on February 17, 2026. See id.; Tuma Huamani v. Francis, No. 25 Civ. 8110 (LJL), 2025 WL 3079014, at *9 (S.D.N.Y. Nov. 4, 2025). Respondents are ENJOINED from re-detaining Petitioner without a valid exercise of discretion under 8 U.S.C. § 1226(a). Respondents are further ENJOINED, absent an additional Court Order, from denying bond to Petitioner in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b). It is further ORDERED that if Petitioner is granted bond, Respondents are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2). See Rueda Torres v. Francis, No. 25 Civ. 8408 (DEH), 2025 WL 3168759, at *6 (S.D.N.Y. Nov. 13, 2025). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 2/13/2026) (rro) Transmission to Orders and Judgments Clerk for processing. (Entered: 02/13/2026)

Feb 13, 2026

MAILING RECEIPT: Document No: 3. Mailed to: IvonneAndreaVergara Prada A#241-750-649 26 Federal Plaza New York, NY 10278. (lab)

Feb 13, 2026

Mailing Receipt

#7

Feb 17, 2026

Letter

Feb 17, 2026

Mailing Receipt

#8

Feb 18, 2026

Memo Endorsement

#9

Feb 18, 2026

Judgment - Clerk

Feb 19, 2026

Mailing Receipt