Southern District of New York • 1:26-cv-01556

Casimiro v. Francis

Completed

Case Information

Filed: February 25, 2026
Assigned to: John George Koeltl
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Completed: March 05, 2026
Last Activity: July 17, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 25, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Alejandro Mejia Casimiro. (Attachments: # 1 Exhibit 1).(kgo) (Entered: 02/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 25, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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: 02/25/2026)
Main Document: Standing Order re Cases Filed By Pro Se Plaintiffs
#3
Feb 25, 2026
ORDER : Petitioner shall not be removed from the United States absent further order of this Court. Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petit ion, Respondents shall not transfer Petitioner 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.This order will remain in effect unless and until it is vac ated or modified by the judge who is assigned to this action. 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. (Signed by Judge Katherine Polk Failla, Part I, on 2/25/2026) (tn) Transmission to Office of the Clerk of Court for processing.
Main Document: Order
#4
Feb 25, 2026
ORDER: The Court, having examined the petition in this action, and in its capacity as Part I Judge, hereby ORDERS that: (i)On or before February 27, 2026, the Government shall file a letter with the following information: a.Petitioner's A-num ber 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; ande.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), and by the Judge assigned to this case, see Romero v. Francis, No. 25 Civ. 8112 (JGK), 2025 WL 3110459 (S.D.N.Y. Nov. 6, 2025); Wang v. Genalo, No. 25 Civ. 9460 (JGK), 2025 WL 3471222 (S.D.N.Y. Dec. 3, 2025). (ii)On or before March 2, 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 March 9, 2026. iv)The parties shall appear for a conference regarding the petition on March 16, 2026, at 11:00 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)Consistent wit h the Courts prior Order in this case (see Dkt. #3) and 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 otherw ise." (emphasis omitted)); Garcia-Izquierdo v. Gartner, No. 04 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 Dis trict 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 Ne w York City area). (vii)The Clerk of Court shall mail a copy of this Order to Petitioner.Petitioner may receive court documents by email, rather than by mail,by completing the Consent to Electronic Service form. SO ORDERED ( Responses due by 3/2/2026, Replies due by 3/9/2026., Status Conference set for 3/16/2026 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla, Part 1 on 2/25/2026) (rro)
Main Document: Order AND ~Util - Set Deadlines/Hearings
Feb 25, 2026
Note Regarding Service on Self-Represented Party
Feb 25, 2026
Case Designated ECF. (kgo)
Feb 25, 2026
Magistrate Judge Robert W. Lehrburger 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. (kgo)
Feb 25, 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 26, 2026
MAILING RECEIPT: Document No: 2,3. Mailed to: AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278. (ne)
Feb 26, 2026
Mailing Receipt
#5
Feb 27, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 02/27/2026)
Main Document: Notice of Appearance
#6
Feb 27, 2026
LETTER addressed to Judge John G. Koeltl from Brandon M. Waterman dated February 27, 2026 re: Response to Petition. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Exhibit I-200, Warrant for Arrest, # 2 Exhibit Notice to Appear).(Waterman, Brandon) (Entered: 02/27/2026)
Main Document: Letter
Feb 27, 2026
Mailing Receipt
Feb 27, 2026
MAILING RECEIPT: Document No: 4. Mailed to: AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278. (nb)
#7
Mar 02, 2026
ORDER: As such and for the reasons set forth on the record in the October 22, 2025 conference in Ortiz-Lopez, Mr. Casimiro's Petition in this action is GRANTED. (See Ortiz- Lopez Dkt. #15). Respondents are ORDERED to, with the help of United States Immigration and Customs Enforcement, transport Petitioner back to the Southern District of New York by March 3, 2026, if he is not already in the District, and immediately upon effectuating his transfer, to release Petitioner from custody. S ee Lopez Benitez v. Francis, 795 F. Supp. 3d 475, 499 (S.D.N.Y. 2025). Respondents may impose only the restraints on Petitioner's liberty that existed prior to his detention. Respondents are further ORDERED to certify compliance with this ORD ER no later than 5:00 p.m. on March 6, 2026. See id.; Tuma Huamani v. Francis, No. 25 Civ. 8110 (LJL), 2025 WL 3079014, at *9 (S.D.N.Y. Nov. 4, 2025). Respondents are ENJOINED from re-detaining Petitioner without a valid exercise of discretion unde r 8 U.S.C. § 1226(a). Respondents are further ENJOINED, absent an additional Court Order, from denying bond to Petitioner in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b). It is further OR DERED that if Petitioner is granted bond, Respondents are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i) (2). See Rueda Torres v. Francis, No. 25 Civ. 8408 (DEH),2025 WL 3168759, at *6 (S.D.N.Y. Nov. 13, 2025). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla, Part 1 on 3/2/2026) (rro) Transmission to Orders and Judgments Clerk for processing.
Main Document: Order
#8
Mar 03, 2026
LETTER addressed to Judge Katherine Polk Failla from Brandon M. Waterman dated March 3, 2026 re: Confirming Petitioner's Release. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 03/03/2026)
Main Document: Letter
Mar 03, 2026
MAILING RECEIPT: Document No: 7. Mailed to: AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278. (ml)
Mar 03, 2026
Mailing Receipt
#9
Mar 05, 2026
CLERK'S JUDGMENT re: 7 Order in favor of Alejandro Mejia Casimiro against Kristi Noem, LaDeon Francis, Pam Bondi. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 2, 2026, Mr. Casimiro's Petition in this action is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 3/5/2026) (Attachments: # 1 Appeal Package) (km)
Main Document: Judgment - Clerk
Mar 06, 2026
Mailing Receipt
Mar 06, 2026
MAILING RECEIPT: Document No: 9. Mailed to: AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278. (tro)
Mar 11, 2026
Received Returned Mail
Mar 11, 2026
Received returned mail re: 2 Standing Order re Cases Filed By Pro Se Plaintiffs, 3 Order. Mail was addressed to AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278 and was returned for the following reason(s): Return to sender not deliverable as addressed unable to forward.(kma)
Mar 16, 2026
Received Returned Mail
Mar 16, 2026
Received returned mail re: 4 Order, Set Deadlines/Hearings. Mail was addressed to AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278 and was returned for the following reason(s): Return to Sender Attempted - Not Known Unable to forward. (kma)
Mar 23, 2026
Received Returned Mail
Mar 23, 2026
Received returned mail re: 7 Order. Mail was addressed to AlejandroMejia Casimiro 222-514-618 26 Federal Plaza New York, NY 10278 and was returned for the following reason(s): Return to Sender Attempted - Not Known Unable to forward. (kma)
Jul 17, 2026
Received Returned Mail