Eastern District of New York • 2:26-cv-00975

#1

Feb 19, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19926546, filed by JOSE ELIAS ARGUETA DIAZ. Was the Disclosure Statement on Civil Cover Sheet completed -No,, (Kelman, Lorne) Modified on 2/19/2026 (SMF). (Entered: 02/19/2026)

#2

Feb 19, 2026

Civil Cover Sheet.. by JOSE ELIAS ARGUETA DIAZ (Kelman, Lorne) (Entered: 02/19/2026)

#3

Feb 19, 2026

Proposed Summons. by JOSE ELIAS ARGUETA DIAZ (Kelman, Lorne) (Entered: 02/19/2026)

#4

Feb 19, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 02/19/2026)

#5

Feb 19, 2026

NOTICE of Appearance by Diane C. Leonardo on behalf of Executive Office of Immigration Review, U.S. Department of Homeland Security (aty to be noticed) (Leonardo, Diane) (Entered: 02/19/2026)

Feb 19, 2026

Case Assigned to Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SMF)

Feb 19, 2026

Order to Show Cause (463)

Feb 19, 2026

Order Unrestricting Access to 463 Case

Feb 19, 2026

Quality Control Check - Summons

Feb 19, 2026

Case Assigned/Reassigned

Feb 19, 2026

ORDER: To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction." (quotations omitted)); Garcia-Izquierdo v. Gartner, No. 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661–62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). And in addition, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the Southern District of New York, absent further order of this Court. See Ozturk v. Trump, 779 F. Supp. 3d 462, 496 (D. Vt. 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). Respondents must inform the Court of Petitioner's current location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention, by February 20, 2026 at 12:00 P.M. Respondents must also file a response to the writ—including any legal or factual arguments why the writ should not be granted—by February 20, 2026 at 12:00 P.M. So Ordered by Judge Sanket J. Bulsara on 2/19/2026. (LMR)

Feb 19, 2026

Order Unrestricting Access to 463 Case. The clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Sanket J. Bulsara on 2/19/2026. (EM)

Feb 19, 2026

Your proposed summons was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

#6

Feb 20, 2026

Letter, with attached declaration, to the Honorable Sanket J. Bulsara in response to the Court's order dated February 19. 2026 by Executive Office of Immigration Review, U.S. Department of Homeland Security (Attachments: # 1 Declaration) (Leonardo, Diane) (Entered: 02/20/2026)

#7

Feb 20, 2026

ORDER: As explained in the attached, the writ 1 is granted. Respondents are directed to effectuate Petitioner's release by February 20, 2026 at 8:00 P.M. and file a letter on the docket confirming Petitioner's release by that time. Respondents are enjoined from detaining Petitioner absent further direction from this Court. Respondents may not use ICE ankle monitors or similar technology to monitor Petitioner, because the Court has granted the writ, and is not resolving this petition on an intermediate basis by imposing bail conditions. So Ordered by Judge Sanket J. Bulsara on 2/20/2026. (LMR) (Entered: 02/20/2026)

#8

Feb 20, 2026

Letter