Southern District of New York • 1:26-cv-01300
Chavez v. U.S. Immigration and Customs Enforcement
Active
Case Information
Filed: February 15, 2026
Assigned to:
Katherine Polk Failla
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
February 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 15, 2026
EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Olvin Castillo Chavez..(kgo) Modified on 2/17/2026 (kgo). (Entered: 02/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 17, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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: 02/17/2026)
Main Document:
Standing Order re Cases Filed By Pro Se Plaintiffs
#3
Feb 17, 2026
ORDER: On February 15, 2026, Petitioner filed a petition for a writ of habeas corpus through his Next Friend, Sandra Pozo, under 28 U.S.C. § 2241. The Court, having examined the petition in this action, hereby ORDERS that: (i) On or before February 19, 2026, the Government shall file a letter with the following information: a. Petitioner's 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. See, e.g., Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF); Mhilli v. Francis, No. 26 Civ. 392 (KPF). (ii) On or before February 20, 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 27, 2026. (iv) The parties shall appear for a conference regarding the petition on March 10, 2026, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Respondents shall produce Petitioner at this hearing. (v) To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States without an order by this Court allowing such removal. See, e.g., M.K. v. Joyce, No. 25 Civ. 1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed unless and until the Court orders otherwise." (emphasis omitted)); Garcia-Izquierdo v. Gartner, No. 4 Civ. 7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) ("Under the All Writs Act, 28 U.S.C. § 1651, the Court may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case."). (vi) Moreover, to facilitate resolution of the petition, Petitioner shall not be transferred, 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 Samb v. Joyce, No. 25 Civ. 6373 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. #3 at 2) (collecting cases in support of enjoining transfer of petitioner outside of the New York City area). (vii) The Clerk of Court shall mail a copy of this Order to Next Friend. Next Friend may receive court documents by email, rather than by mail, by completing the Consent to Electronic Service form.(Replies due by 2/27/2026., Show Cause Response due by 2/20/2026., Pretrial Conference set for 3/10/2026 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/17/2026) (rro) (Entered: 02/17/2026)
Main Document:
Order to Show Cause AND ~Util - Set Deadlines/Hearings
Feb 17, 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 17, 2026
Case Designated ECF. (kgo)
Feb 17, 2026
Note Regarding Service on Self-Represented Party
Feb 18, 2026
MAILING RECEIPT: Document No: 2,3. Mailed to: OlvinCastillo Chavez A-088-441-584 26 Federal Plaza New York, NY 10278. (ne)
Feb 18, 2026
Mailing Receipt
#4
Feb 19, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#5
Feb 19, 2026
Extension of Time to File Answer
Main Document:
Extension of Time to File Answer
#6
Feb 19, 2026
Order
Main Document:
Order
#7
Feb 19, 2026
Letter
Main Document:
Letter
#8
Feb 20, 2026
Order on Motion for Extension of Time to Answer
Main Document:
Order on Motion for Extension of Time to Answer
Feb 20, 2026
Mailing Receipt
Feb 23, 2026
Mailing Receipt
Parties
Chavez
Party
U.S. Immigration and Customs Enforcement
Party