Southern District of New York • 1:26-cv-01583

#1

Feb 25, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32460091) Request for emergency relief to be separately filed..Document filed by Perez Toyo Sarai de Los Angeles..(Hurvich, Carl) (Entered: 02/25/2026)

#2

Feb 25, 2026

CIVIL COVER SHEET filed..(Hurvich, Carl) (Entered: 02/25/2026)

#3

Feb 25, 2026

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Perez Toyo Sarai de Los Angeles. (Attachments: # 1 Proposed Order Proposed Order).(Hurvich, Carl) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 02/25/2026)

#4

Feb 25, 2026

ORDER TO SHOW CAUSE: To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. 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 in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings. The parties shall also attend an initial telephonic case conference on Friday, February 27, 2026 at 10:00 a.m. EST. The dial-in number is 1-855-244-8681 and the access code is 2309 3085 835. There is no attendee ID. Counsel should confer in advance of the telephonic conference and submit a joint letter, no later than by end of day on Thursday, February 26, 2026, indicating: (1) under what statutory provision Petitioner is being detained under; (2) whether Petitioner was located in the Southern District of New York at the time that the Petition was filed, as Petitioner alleges, (Pet. 12); (3) whether this case is distinguishable from my decisions in Sidqui v. Almodovar, No. 25-CV-9349, 2026 WL 251929 (S.D.N.Y. Jan. 30, 2026), Han v. Noem, No. 25-CV-1075, 2026 WL 322963 (S.D.N.Y. Feb. 6, 2026), and the majority of cases in this District that have held that 8 U.S.C. § 1226(a), or the discretionary detention statute, applies to noncitizens currently present in the country rather than the mandatory detention statute of 8 U.S.C. § 1225(b); and (4) whether additional briefing is needed and a proposed expedited briefing schedule. By February 26, 2026, Petitioners counsel is directed to serve Respondents with a copy of the Habeas Petition and accompanying papers, along with a copy of this Order and promptly file proof of such service on the docket. In the meantime, the Habeas Petition and this Order will be emailed to the Civil Division of the U.S. Attorneys Office for the Southern District of New York at the following email address: Jeffrey.Oestericher@usdoj.gov. ( Initial Conference set for 2/27/2026 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 2/25/2026) (rro) (Entered: 02/26/2026)

Feb 25, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(pc)

Feb 25, 2026

Case Opening Initial Assignment Notice

Feb 25, 2026

Notice to Attorney Regarding Party Modification

Feb 25, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

Feb 25, 2026

Notice to Attorney Regarding Deficient Pleading

Feb 25, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Carl Hurvich re: Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)

Feb 25, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carl Hurvich. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc)

Feb 25, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carl Hurvich. The party information for the following party/parties has been modified: Kenneth Genalo, Officer-in-Charge / Supervisory Detention & Deportation Officer, Acting Director Todd M. Lyons, Kristi Noem, Pamela Jo Bondi, DEPARTMENT OF HOMELAND SECURITY. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (pc)

Feb 25, 2026

Case Designated ECF. (pc)

Feb 25, 2026

Magistrate Judge Robyn F. Tarnofsky 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. (pc)

Feb 25, 2026

ADD PARTY FOR PLEADING. Defendants/Respondents Executive Office Of Immigration Review added. Party added pursuant to 1 Petition for Writ of Habeas Corpus.Document filed by Sarai de Los Angeles Perez Toyo. Related document: 1 Petition for Writ of Habeas Corpus..(Hurvich, Carl)

#5

Feb 26, 2026

Request for Issuance of Summons

#6

Feb 26, 2026

Request for Issuance of Summons

#7

Feb 26, 2026

Request for Issuance of Summons

#8

Feb 26, 2026

Request for Issuance of Summons

#9

Feb 26, 2026

Request for Issuance of Summons

#10

Feb 26, 2026

Request for Issuance of Summons

#11

Feb 26, 2026

Request for Issuance of Summons

#12

Feb 26, 2026

Summons Issued

#13

Feb 26, 2026

Summons Issued

#14

Feb 26, 2026

Summons Issued

#15

Feb 26, 2026

Summons Issued

#16

Feb 26, 2026

Summons Issued

#17

Feb 26, 2026

Request for Issuance of Summons

#18

Feb 26, 2026

Request for Issuance of Summons

#19

Feb 26, 2026

Summons Issued

#20

Feb 26, 2026

Summons Issued

#21

Feb 26, 2026

Scheduling Order

#22

Feb 26, 2026

Affidavit of Service Other

#23

Feb 26, 2026

Affidavit of Service Other

#24

Feb 26, 2026

Affidavit of Service Other

#25

Feb 26, 2026

Affidavit of Service Other

#26

Feb 26, 2026

Notice of Appearance

#27

Feb 26, 2026

Affidavit of Service Other

#28

Feb 26, 2026

Affidavit of Service Other

#29

Feb 26, 2026

Affidavit of Service Other

#30

Feb 26, 2026

Letter

Feb 26, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Carl Hurvich to RE-FILE Document No. 8 Request for Issuance of Summons, 10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name listed on Summons PDF does not match pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

Feb 26, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carl Hurvich. The party information for the following party/parties has been modified: Executive Office Of Immigration Review. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)

Feb 26, 2026

Notice to Attorney Regarding Party Modification

Feb 26, 2026

Notice to Attorney Regarding Deficient Request for Issuance of Summons

#31

Feb 27, 2026

Letter

#32

Mar 01, 2026

Letter

#33

Mar 02, 2026

Letter

#34

Mar 03, 2026

Letter

#35

Mar 03, 2026

Memorandum & Opinion

#36

Mar 03, 2026

Letter

Mar 05, 2026

1 - Terminate Hearings AND Pretrial Conference - Initial

#37

Mar 06, 2026

Judgment - Clerk

#38

Mar 16, 2026

Internet Citation

#39

Mar 16, 2026

Internet Citation