Eastern District of New York • 1:26-cv-01101

#1

Feb 19, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Hector Nicolas Duran Hernandez..(kgo) Modified on 2/20/2026 (kgo). [Transferred from New York Southern on 2/26/2026.] (Entered: 02/20/2026)

#2

Feb 20, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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) (kgo). [Transferred from New York Southern on 2/26/2026.] (Entered: 02/20/2026)

#3

Feb 20, 2026

ORDER: 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. Within two business days of the date of this Order, Respondents shall file a letter with the Court with the information described in this order. The Court directs the Clerk of Court to mail a copy of this order to Petitioner and to Mr. Carlos Lucero at the address listed on the docket sheet for this action. The Court also directs the Clerk of Court to mail Petitioner and Ms. Zepeda an information package. SO ORDERED. Pam Bondi answer due on 4/21/2026; LaDeon Francis answer due on 4/21/2026; Kristi Noem answer due on 4/21/2026. (Signed by Judge Gregory H. Woods on 2/20/2026) (sgz) [Transferred from New York Southern on 2/26/2026.] (Entered: 02/20/2026)

Feb 20, 2026

Case Designated ECF. (kgo) [Transferred from New York Southern on 2/26/2026.]

Feb 20, 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) [Transferred from New York Southern on 2/26/2026.]

#4

Feb 23, 2026

HABEAS PACKAGE MAILED to Hector Nicolas Duran Hernandez and Lissette Marisol Barahona Zepeda, at, on 2/23/2026 Re: 3 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) [Transferred from New York Southern on 2/26/2026.] (Entered: 02/23/2026)

Feb 23, 2026

MAILING RECEIPT: Document No: 3. Mailed to: HectorNicolasDuran Hernandez 26 Federal Plaza New York, NY 10278. (nb) [Transferred from New York Southern on 2/26/2026.]

Feb 23, 2026

MAILING RECEIPT: Document No: 2. Mailed to: HectorNicolasDuran Hernandez 26 Federal Plaza New York, NY 10278. (nb) [Transferred from New York Southern on 2/26/2026.]

#5

Feb 24, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) [Transferred from New York Southern on 2/26/2026.] (Entered: 02/24/2026)

#6

Feb 24, 2026

LETTER addressed to Judge Gregory H. Woods from Brandon M. Waterman dated February 24, 2026 re: Response to the Court's Order. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) [Transferred from New York Southern on 2/26/2026.] (Entered: 02/24/2026)

#7

Feb 25, 2026

TRANSFER ORDER: Petitioner, through next friend Lissette Marisol Barahona Zepeda, brings this Petition for a writ of habeas corpus under 28 U.S.C. § 2241. For the following reasons, the Court transfers this action to the United States District Court for the Eastern District of New York. Petitioner filed this petition on February 19, 2026 at 5:50 p.m. via email five minutes after Petitioner was booked out of Nassau County Correctional Center ("NCCC") in East Meadow, New York. Dkt. No. 6 P (a)(c). Respondents assert that Petitioner was never detained at 26 Federal Plaza. Id. P (a)(a). NCCC is in the Eastern District of New York. Accordingly, because Petitioner was not located in the Southern District of New York at the time he filed this Petition, and therefore, the Court does not have jurisdiction over his custodian, see Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004), in the interest of justice, the Court transfers this petition to the United States District Court for the Eastern District of New York. See 28 U.S.C. §§ 1404(a), 1406(a). The Court directs the Clerk of Court to transfer this action to the Eastern District of New York. The Court waives Local Civil Rule 83.1, which requires a seven-day delay before the Clerk of Court may transfer a case, and directs immediate transfer. The Clerk of Court is directed to email a copy of this order to usanys.2241@usdoj.gov. The United States Attorney is directed forthwith to alert the Chief of the Civil Division United States Attorney's Office for the Eastern District of New York of the transfer of this matter. The Court directs the Clerk of Court to mail a copy of this order to Petitioner and to Ms. Zepeda at the address listed on the docket sheet for this action. This order closes the case in the Southern District of New York. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/25/2026) (ar) [Transferred from New York Southern on 2/26/2026.] (Entered: 02/25/2026)

#8

Feb 26, 2026

Case transferred in from District of New York Southern; Case Number 1:26-cv-01440. Original file certified copy of transfer order and docket sheet received. (Entered: 02/26/2026)

Feb 26, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Hector Nicolas Duran Hernandez. The United States Attorney, as attorney for Respondents, is directed to show cause by 5:00 p.m. on March 2, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention. In its response, the government should also address whether the instant Petition is controlled by this Court's prior opinions in O.F.B. v. Maldonado, No. 25-cv-6336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 2025); R.P.L. v. Maldonado, No. 25-cv-6886, 2025 WL 3731864 (E.D.N.Y. Dec. 26, 2025); and Ndiaye v. Francis, No. 26-cv-0069, 2026 WL 99930 (E.D.N.Y. Jan. 14, 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, Respondents must serve a copy of the response and this order on Petitioner, through next friend Lissette Marisol Barahona Zepedaat at Petitioner's last known address as noted in Petitioners A-file, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 5:00 p.m. on March 5, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.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. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 2/26/2026. (SMR)

Feb 26, 2026

The case of Hernandez v. Francis et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 26-cv-1101. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM)

Feb 26, 2026

Order to Show Cause (463)

Feb 26, 2026

ECF Admission and Registration Notification - Transfer

#9

Mar 02, 2026

Letter

#10

Mar 02, 2026

Order Dismissing Case

#11

Mar 03, 2026

Judgment - Clerk

#12

Mar 03, 2026

Letter