Southern District of New York • 1:26-cv-01602

#1

Feb 26, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32462496) Request for emergency relief to be separately filed..Document filed by Ellie Aghayeva..(Hurvich, Carl) (Entered: 02/26/2026)

#2

Feb 26, 2026

CIVIL COVER SHEET filed..(Hurvich, Carl) (Entered: 02/26/2026)

#3

Feb 26, 2026

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Ellie Aghayeva. (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: 02/26/2026)

#4

Feb 26, 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. Petitioners 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 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, e.g., 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 3, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not begranted.(iii)Petitioner shall have the opportunity to reply on or before March 5,2026.(iv)The parties shall appear for a conference regarding the petition on March 6, 2026, at 2:30 p.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 Courts 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 Courts 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 petitioners deportation be stayed when a stay isnecessary to preserve the Courts 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). (Responses due by 3/3/2026, Replies due by 3/5/2026., Status Conference set for 3/6/2026 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla, Part 1 on 2/26/2026) (rro) (Entered: 02/26/2026)

Feb 26, 2026

Magistrate Judge Jennifer Willis 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 26, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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 26, 2026

Case Designated ECF

Feb 26, 2026

Case Designation

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: FILED OFFICE DIRECTO Kenneth Genalo, Officer in Charge, Todd Lyons, Kristi Noem, Pamela Jo Bondi, DEPARTMENT OF HOMELAND SECURITY, Executive Office For Immigration Review. 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 26, 2026

Case Designated ECF. (pc)

Feb 26, 2026

Case Opening Initial Assignment Notice

Feb 26, 2026

Notice to Attorney Regarding Party Modification

#5

Feb 27, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Kenneth Genalo, Kristi Noem, Officer-in-Charge / Supervisory Detention & Deportation Officer, Pamela Bondi, Todd Lyons..(Waterman, Brandon) (Entered: 02/27/2026)

#6

Feb 27, 2026

LETTER addressed to Judge John G. Koeltl from Brandon M. Waterman dated February 27, 2026 re: Response to Court's Order (ECF No. 4). Document filed by Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Kenneth Genalo, Kristi Noem, Officer-in-Charge / Supervisory Detention & Deportation Officer, Pamela Bondi, Todd Lyons..(Waterman, Brandon) (Entered: 02/27/2026)

#7

Mar 02, 2026

ORDER: On February 26, 2026, Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 (the "Petition"). (Dkt. #1). That same day, the Court issued an Order in its capacity as Part I Judge that, among other things, directed Respondents to file a letter on or before February 27, 2026, providing various information, including whether this case is distinguishable from earlier cases decided by this Court and by the Judge assigned to this case. (Dkt. #4). The Government then filed that letter, which reports that Petitioner has been released. (Dkt. #6). Because Petitioner is not detained, the Government explains, this case is moot. (Id.). The Court agrees. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla, Part 1 on 3/2/2026) (rro) (Entered: 03/02/2026)