Eastern District of New York • 1:26-cv-01210

#1

Mar 02, 2026

First PETITION for Writ of Habeas Corpus Petition filing fee $ 5, receipt number ANYEDC-19961961, filed by Brayan Orlando m Banegas Villatoro. (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET, # 2 Exhibit Petition) (Babbar, Pallvi) (Entered: 03/02/2026)

#2

Mar 03, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 03/03/2026)

Mar 03, 2026

Order to Show Cause (463)

Mar 03, 2026

Case Assigned/Reassigned

Mar 03, 2026

Case Assigned to Judge Ann M. Donnelly. 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. (KD)

Mar 03, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by Brayan Orlando Banegas Villatoro. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on March 6, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should, to the extent it is able, based on the allegations in the petition, address whether the petition is controlled by this Court's opinion in Ye v. Maldonado, No. 25-CV-6417, 2025 WL 3521298 (E.D.N.Y. Dec. 8, 2025), and Judge Gonzalez's opinion in O.F.B. v. Maldonado, No. 25-CV-6336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 2025). The government must serve a copy of the response on the petitioner, with proof of 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 the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property.The petitioner must file a reply by 5:00 p.m. on March 9, 2026, with proof of service to the Clerk of Court.To preserve the Court's jurisdiction pending a ruling on the petition, the 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 the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025), ECF No. 3 (collecting cases in support of enjoining transfer of petitioner outside of New York City area).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. Ordered by Judge Ann M. Donnelly on 3/3/2026. (EHS)

#3

Mar 04, 2026

Letter

Mar 04, 2026

Scheduling Order

#4

Mar 05, 2026

Extension of Time to File Response/Reply

#5

Mar 05, 2026

Status Report

Mar 05, 2026

Order on Motion for Extension of Time to File Response/Reply

Mar 05, 2026

Scheduling Order

#6

Mar 06, 2026

Letter

Mar 06, 2026

Order(Other)

#7

Mar 07, 2026

Amend/Correct/Supplement

Mar 07, 2026

Order on Motion to Amend/Correct/Supplement

#8

Mar 09, 2026

Adjourn Conference

Mar 09, 2026

Incorrect Case-Document Information

#9

Mar 10, 2026

Status Report

#10

Mar 12, 2026

Reply in Support

Mar 12, 2026

Scheduling Order

Mar 12, 2026

SCHEDULING ORDER: The Court has received 10 the petitioner's reply in support of his Petition for Writ of Habeas Corpus. In his reply, he argues for the first time that the basis for his petition is alleged violations of his Fourth Amendment rights. Accordingly, the government is directed to respond to this argument by March 16, 2026. Ordered by Judge Ann M. Donnelly on 3/12/2026. (EHS)

#11

Mar 16, 2026

Reply in Opposition

Mar 19, 2026

Scheduling Order