Southern District of New York • 1:26-cv-01260

Duque Mendoza v. Noem

Completed

Case Information

Filed: February 13, 2026
Assigned to: Lewis Jeffrey Liman
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Completed: February 27, 2026
Last Activity: May 26, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 13, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32411853) Document filed by Lucino Duque Mendoza. (Attachments: # 1 Exhibit Exhibit A Bond Evidence, # 2 Exhibit Exhibit B IJ Bond Decision, # 3 Exhibit Exhibit C IJ Bond Memo, # 4 Exhibit Exhibit D Eviction Notice).(Maoz, Aurora) (Entered: 02/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 13, 2026
CIVIL COVER SHEET filed..(Maoz, Aurora) (Entered: 02/13/2026)
Main Document: Civil Cover Sheet
#3
Feb 13, 2026
ORDER STAYING REMOVAL AND TRANSFER (Signed by Judge Andrew L. Carter, Jr. (Part I) on 2/13/2025) (Carter, J.) Transmission to Office of the Clerk of Court for processing. (Entered: 02/13/2026)
Main Document: Order
#4
Feb 17, 2026
ORDER TO ANSWER, 28 U.S.C. § 2241: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. By February 18, 2026, at 6:00 PM, Respondents shall file a letter with the Court with the information described in this Order. (Signed by Judge Lewis J. Liman on 2/17/2026) (sgz) Modified on 2/17/2026 (sgz).
Main Document: Order to Answer, 28 U.S.C. 2241
#5
Feb 17, 2026
LETTER addressed to Judge Lewis J. Liman from Lucino Duque Mendoza dated 2/17/2026 re: Request for production and interpreter. Document filed by Lucino Duque Mendoza..(Maoz, Aurora) (Entered: 02/17/2026)
Main Document: Letter
#6
Feb 17, 2026
NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Judith Almodovar, Paul Arteta, Pamela Bondi, Kristi Noem..(Neagu, Tudor) (Entered: 02/17/2026)
Main Document: Notice of Appearance
#7
Feb 17, 2026
NOTICE OF APPEARANCE by Nhu-Y Ngo on behalf of Lucino Duque Mendoza..(Ngo, Nhu-Y) (Entered: 02/17/2026)
Main Document: Notice of Appearance
#8
Feb 17, 2026
MEMO ENDORSEMENT on re: 5 Letter filed by Lucino Duque Mendoza. ENDORSEMENT: The Government is ordered to produce Petitioner for the hearing on February 20, 2026, at 2:00 PM, and to provide a Spanish interpreter. (Signed by Judge Lewis J. Liman on 2/17/2026) (sgz) (Entered: 02/17/2026)
Main Document: Memo Endorsement
Feb 17, 2026
Set/Reset Hearings: Writ Hearing set for 2/20/2026 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
Feb 17, 2026
Notice to Attorney Regarding Party Modification
Feb 17, 2026
Case Opening Initial Assignment Notice
Feb 17, 2026
Case Designated ECF. (vf)
Feb 17, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aurora Maoz. The party information for the following party/parties has been modified: Judith Almodovar, Kristi Noem, Pamela Bondi, Paul Arteta. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
Feb 17, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(vf)
Feb 17, 2026
Magistrate Judge Stewart D. Aaron 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. (vf)
#9
Feb 18, 2026
LETTER addressed to Judge Lewis J. Liman from Tudor Neagu dated February 18, 2026 re: Answers to Questions. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Kristi Noem. (Attachments: # 1 Exhibit A, Removal Order, # 2 Exhibit B, Order Denying Bond, # 3 Exhibit C, Decision Denying Bond, # 4 Exhibit D, I-213, May 7, 2025, # 5 Exhibit E, Notice of Custody Determination, May 7, 2025).(Neagu, Tudor) (Entered: 02/18/2026)
Main Document: Letter
#10
Feb 19, 2026
LETTER addressed to Judge Lewis J. Liman from Lucino Duque Mendoza dated 02/19/2026 re: Reply letter. Document filed by Lucino Duque Mendoza..(Maoz, Aurora) (Entered: 02/19/2026)
Main Document: Letter
#11
Feb 20, 2026
ORDER: The Court held a hearing today on the Petition for a Writ of Habeas Corpus. At the hearing, the Government represented that it would provide the I-200 Warrant of Arrest in this case by 5:30 PM today, February 20, 2026. The Court ordered that it do so. The Governmenthas since failed to follow through on its representations and to obey the Court's directive. Nor has it filed a letter explaining why it could not do so in the time permitted. The Government is hereby ordered to show cause by February 21, 2026, at 10:00 AM why a negative inference should not be drawn against it regarding the existence of such a warrant and the statutory basis for Petitioner's initial detention. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/20/2026) (jca) (Entered: 02/20/2026)
Main Document: Order to Show Cause
#12
Feb 20, 2026
LETTER addressed to Judge Lewis J. Liman from Tudor Neagu dated February 20, 2026 re: Form I-200 and Notice to Appear. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Kristi Noem. (Attachments: # 1 Exhibit A, Warrant for Arrest, # 2 Exhibit B, Notice to Appear).(Neagu, Tudor) (Entered: 02/20/2026)
Main Document: Letter
#13
Feb 20, 2026
DECLARATION of Deportation Officer Kareem A. Johnson regarding Failure to Produce Petitioner. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Kristi Noem..(Neagu, Tudor) (Entered: 02/20/2026)
Main Document: Declaration (non-motion)
Feb 20, 2026
Minute Entry for proceedings held before Judge Lewis J. Liman: Writ Hearing held on 2/20/2026. Nhu-Y Ngo present for Petitioner. Tudor Neagu and Kierre Armand present for Respondents. Court reporter present. See Order issued by the Court. (mf)
#14
Feb 21, 2026
LETTER addressed to Judge Lewis J. Liman from Aurora Maoz and Nhu-Y Ngo dated 2/21/2026 re: Respondents 2/20/2026 Submission. Document filed by Lucino Duque Mendoza..(Ngo, Nhu-Y) (Entered: 02/21/2026)
Main Document: Letter
#15
Feb 23, 2026
MEMORANDUM AND ORDER re: 1 Petition for Writ of Habeas Corpus, filed by Lucino Duque Mendoza. The Petition is conditionally GRANTED. Petitioner is hereby ordered released unless by March 6, 2026 the Government holds a bond hearing before an IJ at which the Government bears the burden of establishing by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk. In considering dangerousness and/or risk of flight and in setting any bond amo unt, the IJ must meaningfully consider alternatives to detention and Petitioner's ability to pay a bond. Petitioner shall also be entitled to issue subpoenas prior to the hearing and to confront and cross-examine adverse witnesses at the hear ing. To avoid the relief in this Order becoming illusory, the Government is enjoined from exercising an automatic stay should the IJ determine that release on bond is appropriate. The IJ may not consider or invoke 8 U.S.C. § 1225(b)(2) as a basis for Petitioner's detention, nor may the Government rely on the statute as grounds for an appeal to the BIA. The Court retains jurisdiction over this matter to ensure compliance with its Order and, should it determine that its Order has n ot been complied with, also retains jurisdiction to grant Petitioner the full relief he has sought (i.e., release). The Government is ordered to provide this Memorandum and Order to the IJ in advance of any hearing and to provide the Court with a transcript of any such hearing within one week. (Signed by Judge Lewis J. Liman on 2/23/2026) (tro) Transmission to Orders and Judgments Clerk for processing.
Main Document: Order
Feb 25, 2026
Writ Hearing
#16
Feb 27, 2026
CLERK'S JUDGMENT re: 15 Order in favor of Lucino Duque Mendoza against Judith Almodovar, Kristi Noem, Pamela Bondi, Paul Arteta. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated February 23, 2026, the Petition is conditionally GRANTED. Petitioner is hereby ordered released unless by March 6, 2026 the Government holds a bond hearing before an IJ at which the Government bears the burden of establishing by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk. In considering dangerousness and/or risk of flight and in setting any bond amount, the IJ must meaningfully consider alternatives to detention and Petiti oner's ability to pay a bond. Petitioner shall also be entitled to issue subpoenas prior to the hearing and to confront and cross-examine adverse witnesses at the hearing. To avoid the relief in the Order becoming illusory, the Government is enjoined from exercising an automatic stay should the IJ determine that release on bond is appropriate. The IJ may not consider or invoke 8 U.S.C. § 1225(b)(2) as a basis for Petitioner's detention, nor may the Government rely on the st atute as grounds for an appeal to the BIA. The Court retains jurisdiction over this matter to ensure compliance with its Order and, should it determine that its Order has not been complied with, also retains jurisdiction to grant Petitioner the fu ll relief he has sought (i.e., release). The Government is ordered to provide this Memorandum and Order to the IJ in advance of any hearing and to provide the Court with a transcript of any such hearing within one week. (Signed by Clerk of Court Tammi M Hellwig on 2/27/2026) (Attachments: # 1 Appeal Package) (km)
Main Document: Judgment - Clerk
#17
Mar 09, 2026
LETTER addressed to Judge Lewis J. Liman from Tudor Neagu dated March 9, 2026 re: Bond Denial. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Kristi Noem. (Attachments: # 1 Exhibit A, Bond Denial).(Neagu, Tudor) (Entered: 03/09/2026)
Main Document: Letter
#18
Mar 10, 2026
MEMO ENDORSEMENT on re: 17 Letter filed by Kristi Noem, Paul Arteta, Judith Almodovar, Pamela Bondi ENDORSEMENT: The Government is ORDERED to obtain and file a transcript of the hearing by March 16, 2026. SO ORDERED (Signed by Judge Lewis J. Liman on 3/10/2026) (ks) (Entered: 03/10/2026)
Main Document: Memo Endorsement
#19
Mar 12, 2026
INTERNET CITATION NOTE: Material from decision with Internet citation re: 15 Order.(rro) (Entered: 03/12/2026)
Main Document: Internet Citation
#20
Mar 16, 2026
LETTER addressed to Judge Lewis J. Liman from Tudor Neagu dated March 16, 2026 re: Bond Hearing Transcript. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Kristi Noem. (Attachments: # 1 Exhibit Bond Hearing Transcript).(Neagu, Tudor) (Entered: 03/16/2026)
Main Document: Letter
#21
May 01, 2026
Enforce Judgment
Main Document: Enforce Judgment
#22
May 11, 2026
ORDER: The Court will hear argument on Petitioner's motion to enforce, see Dkt. No. 21, on May 19, 2026, at 2:00 PM in Courtroom 15C of the 500 Pearl Street Courthouse. By May 13, 2026, Petitioner's counsel shall file a letter with the Court indicating whether Petitioner wishes to be present for the hearing. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/11/2026) ( Oral Argument set for 5/19/2026 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (ks)
Main Document: Order AND ~Util - Set Deadlines/Hearings
May 14, 2026
Order
#24
May 15, 2026
Letter
Main Document: Letter
#25
May 18, 2026
Memo Endorsement AND ~Util - Set Deadlines/Hearings
Main Document: Memo Endorsement AND ~Util - Set Deadlines/Hearings
#26
May 20, 2026
ORDER granting 21 Motion to Enforce Judgment. The Court held a hearing today on Petitioner's motion to enforce the Court' s prior order conditionally granting the petition for a writ of habeas corpus. Dkt. Nos. 15, 21. For the reasons provided on the record, and to be further detailed in a written decision to follow, the motion is GRANTED. Respondents are hereby ordered to release Petitioner by 5:00 PM today, May 20, 2026, and to certify that they have done so. By the end of the day today, Petitioner shall post bond in the amount of $3,000 and certify that he has done so. The Court will hold a hearing on May 27, 2026, at 12:00 PM in Courtroom 15C of the 500 Pearl Street Courthouse to confirm that bond has been posted. P etitioner is directed to appear at the hearing. That hearing will be canceled in the event that bond is posted. The Clerk of Court is respectfully directed to close Dkt. No. 21. SO ORDERED.. (Signed by Judge Lewis J. Liman on 5/20/2026) (ks) Transmission to Finance Unit (Cashiers) for processing.
Main Document: Order on Motion to Enforce Judgment
#27
May 20, 2026
Letter
Main Document: Letter
#28
May 20, 2026
Letter
Main Document: Letter
#29
May 22, 2026
Letter
Main Document: Letter
#30
May 22, 2026
Memo Endorsement AND ~Util - Set Hearings
Main Document: Memo Endorsement AND ~Util - Set Hearings
#31
May 26, 2026
OPINION AND ORDER: The motion to enforce is GRANTED. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/26/2026) (ks)
Main Document: Memorandum & Opinion
May 26, 2026
Oral Argument