Eastern District of New York • 1:26-cv-00999

#1

Feb 20, 2026

Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19931803, filed by Raul Figueroa Ocampo. (Attachments: # 1 Declaration Declaration of Robert Bell, # 2 Exhibit EOIR Guidance, # 3 Exhibit Notice to Appear, # 4 Civil Cover Sheet) (Bell, Robert) (Entered: 02/20/2026)

#2

Feb 20, 2026

Proposed Summons. by Raul Figueroa Ocampo (Bell, Robert) (Entered: 02/20/2026)

#3

Feb 20, 2026

Civil Cover Sheet.. by Raul Figueroa Ocampo (Bell, Robert) (Entered: 02/20/2026)

#4

Feb 20, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 02/20/2026)

#5

Feb 20, 2026

Proposed Summons. by Raul Figueroa Ocampo (Bell, Robert) (Entered: 02/20/2026)

#6

Feb 20, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Raul Figueroa Ocampo's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that: 1. Respondents shall, by 6:00 p.m. on March 2, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish Petitioner's case from the vast majority of district court cases that have disagreed with Respondents' contention. See Barco Mercado v. Francis, – F. Supp. 3d. –, No. 25-CV-6582 (LAK), 2025 WL 3295903, at *4, *13–14 (S.D.N.Y. Nov. 26, 2025) (collecting cases). In particular, Respondents are directed to state what distinguishes Petitioner's case from the numerous other cases in which the petitioner, who had resided in the United States for decades, was found to be improperly detained under 8 U.S.C. § 1225(b)(2). (Pet., Dkt. 1, ¶ 2); Padilla Molina v. DeLeon, No. 25-CV-06526 (JMA), 2025 WL 3718728, at *3 (E.D.N.Y. Dec. 23, 2025) (compiling cases). 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District absent further order of this Court. See Samb v. Joyce,, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 2/20/2026. (ABB) (Entered: 02/20/2026)

Feb 20, 2026

Case Assigned/Reassigned

Feb 20, 2026

Case Assigned to Judge Pamela K. Chen. 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. (KD)

Feb 20, 2026

Quality Control Check - Summons

Feb 20, 2026

Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT NAME needs to be updated/corrected.Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD)