Eastern District of New York • 2:26-cv-01122

#1

Feb 26, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19950475, filed by Rene Antonio Benitez. Was the Disclosure Statement on Civil Cover Sheet completed -No (Solis, Harold) Modified on 2/26/2026 (LJ). (Entered: 02/26/2026)

#2

Feb 26, 2026

Civil Cover Sheet.. by Rene Antonio Benitez (Solis, Harold) Modified on 2/26/2026 (LJ). (Entered: 02/26/2026)

#3

Feb 26, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 02/26/2026)

#4

Feb 26, 2026

Civil Cover Sheet.. by Rene Antonio Benitez (Solis, Harold) (Entered: 02/26/2026)

Feb 26, 2026

A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

Feb 26, 2026

Case Assigned to Judge Sanket J. Bulsara. 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. (LJ)

Feb 26, 2026

**Notice: Re: Requires Newly Updated Civil Cover Sheet. The Civil cover sheet has been updated effective 12/10/2025 and the Clerk's Office requires the updated version of the civil cover sheet when processing this case. The form is available at: https://www.nyed.uscourts.gov/sites/default/files/uploads/js44-45.pdf. Please submit a new JS44 using the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

Feb 26, 2026

Notice: Re: Incomplete Civil Cover Sheet

Feb 26, 2026

Case Assigned/Reassigned

Feb 26, 2026

Quality Control Check - Summons

Feb 26, 2026

Order Unrestricting Access to 463 Case AND Order to Show Cause (463)

Feb 26, 2026

ORDER: To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction." (quotations omitted)); Garcia-Izquierdo v. Gartner, No. 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). And in addition, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the Southern District of New York, absent further order of this Court. See Ozturk v. Trump, 779 F. Supp. 3d 462, 496 (D. Vt. 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). Respondents must inform the Court of Petitioner's current location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention, by February 27, 2026 at 12:00 P.M. Respondents must also file a response to the writ—including any legal or factual arguments why the writ should not be granted—by February 27, 2026 at 12:00 P.M. The clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Sanket J. Bulsara on 2/26/2026. (RB)

#5

Feb 27, 2026

NOTICE of Appearance by Diane C. Leonardo on behalf of Pam Bondi, Kenneth Genalo, Kristi Noem (aty to be noticed) (Leonardo, Diane) (Entered: 02/27/2026)

#6

Feb 27, 2026

Letter to the Honorable Bulsara pursuant to the Court's Order dated February 26, 2026 by Pam Bondi, Kenneth Genalo, Kristi Noem (Attachments: # 1 Declaration) (Leonardo, Diane) (Entered: 02/27/2026)

#7

Feb 27, 2026

ORDER: As explained in the attached, the writ is provisionally granted. Respondents are directed to effectuate Petitioner's release by February 27, 2026 at 8:00 P.M. and file a letter on the docket confirming Petitioner's release by that time. Respondents are enjoined from detaining Petitioner absent further direction from this Court. Respondents may not use ICE ankle monitors or similar technology to monitor Petitioner, because the Court has granted the writ, and is not resolving this petition on an intermediate basis by imposing bail conditions. Because the Court has serious concerns about the legal basis to detain Petitioner in the first instance, including the use of pretextual and unconstitutional stops, ongoing abuse of the NTA and arrest warrants process, and the legality of the Government's announced use of administrative, non-judicial warrants in this context, the Court will hold a hearing in this case on March 4, 2026 at 10:00 A.M. in Courtroom 930 of the Central Islip Courthouse. Petitioner is not required to attend; Petitioner's counsel must attend. Counsel for the Government must attend, along with the following ICE officers, who should be prepared to testify under oath: Geraldo Palo and the Officer identified as "J 10425 Chacon." Separately, Respondents are directed to provide a letter by March 3, 2026 at 5:00 P.M. explaining why the Court should not begin contempt proceedings against Respondents and their counsel. This Court issued its decision in Gopie v. Lyons on November 13, 2025, several months ago, pointing out the illegality of issuing after-the-fact warrants and NTAs to justify detention of individuals. But as Respondents' letter indicates, that was done in this case. And the many cases that have come before the undersigned and other District Judges of this Court, the practice has continued unabated. Respondents must explain why they have continued to engage in these illegal practices, and the legal justification for so doing. The Court will determine after the letter submission whether to commence contempt proceedings and in the alternative, what additional relief should be issued in this and other cases. So Ordered by Judge Sanket J. Bulsara on 2/27/2026. (RB) (Entered: 02/27/2026)

#8

Feb 27, 2026

Notice of Appearance

#9

Feb 27, 2026

Letter

#10

Feb 28, 2026

Extension of Time to File Response/Reply

Mar 02, 2026

1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to File Response/Reply AND ~Util - Set Deadlines/Hearings

Mar 02, 2026

ORDER: The motion for an extension of time 10 is granted. Respondents are directed to file their written submission to the Court's February 27, 2026 Order 7 by 3/24/2026. The hearing is adjourned to 3/31/2026 at 10:00 A.M. in Courtroom 930 of the Central Islip Courthouse. So Ordered by Judge Sanket J. Bulsara on 3/2/2026. (RB)