Southern District of New York • 1:26-cv-01808

#1

Mar 04, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32495653) Document filed by Olga Morelia Garcia Montalban. (Attachments: # 1 Proposed Order).(Zaretsky, Alexandra) (Entered: 03/04/2026)

#2

Mar 04, 2026

CIVIL COVER SHEET filed..(Zaretsky, Alexandra) (Entered: 03/04/2026)

#3

Mar 05, 2026

NOTICE OF APPEARANCE by Kate Leslie Fetrow on behalf of Olga Morelia Garcia Montalban..(Fetrow, Kate) (Entered: 03/05/2026)

#4

Mar 05, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Melissa Lim Chua on behalf of Olga Morelia Garcia Montalban.(Chua, Melissa) (Entered: 03/05/2026)

#5

Mar 05, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Genalo, re: 1 Petition for Writ of Habeas Corpus. Document filed by Kenneth Genalo..(Zaretsky, Alexandra) (Entered: 03/05/2026)

#6

Mar 05, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, re: 1 Petition for Writ of Habeas Corpus. Document filed by Todd Lyons..(Zaretsky, Alexandra) (Entered: 03/05/2026)

#7

Mar 05, 2026

FILING ERROR - DUPLICATE DOCKET ENTRY REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Genalo, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) Modified on 3/6/2026 (sj). (Entered: 03/05/2026)

#8

Mar 05, 2026

FILING ERROR - DUPLICATE DOCKET ENTRY REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) Modified on 3/6/2026 (sj). (Entered: 03/05/2026)

#9

Mar 05, 2026

ORDER TO ANSWER: 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 withthe Court with the information described in this order. Respondents shall file an answer to the Petition within three business days of the date of this Order. Petitioner shall file any reply within ten business days of the date of this O rder. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action. The Court also directs the Clerk of Court to mail Petitioner an information package. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/5/2026) (rro) Transmission to Pro Se Assistants for processing.

#10

Mar 05, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) (Entered: 03/05/2026)

#11

Mar 05, 2026

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Petition for Writ of Habeas Corpus. Document filed by U.S. Department of Homeland Security..(Zaretsky, Alexandra) Modified on 3/6/2026 (sj). (Entered: 03/05/2026)

#12

Mar 05, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) (Entered: 03/05/2026)

#13

Mar 05, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for Immigration Review, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) (Entered: 03/05/2026)

#14

Mar 05, 2026

HABEAS PACKAGE MAILED to Olga Morelia Garcia Montalban 26 Federal Plaza New York, NY 10278, on 3/5/2026 Re: 9 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) (Entered: 03/05/2026)

#15

Mar 05, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Pamela Bondi, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) (Entered: 03/05/2026)

#16

Mar 05, 2026

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney's Office for the Southern District of New York, re: 1 Petition for Writ of Habeas Corpus. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) Modified on 3/6/2026 (sj). (Entered: 03/05/2026)

#17

Mar 05, 2026

NOTICE OF APPEARANCE by Janet Lynne Guyon on behalf of Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security..(Guyon, Janet) (Entered: 03/05/2026)

Mar 05, 2026

Notice to Attorney Regarding Party Modification

Mar 05, 2026

Case Opening Initial Assignment Notice

Mar 05, 2026

Case Designated ECF. (jgo)

Mar 05, 2026

Magistrate Judge Gary Stein 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. (jgo)

Mar 05, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(jgo)

Mar 05, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexandra Zaretsky. The party information for the following party/parties has been modified: Olga Morelia Garcia Montalban; KENETH GENALO; Todd M. Lyons; Kristi Noem; U.S. Department of Homeland Security; Pamela Jo Bondi; 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 role was entered incorrectly; party text was omitted;. (jgo)

#18

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to Kenneth Genalo. (sj) (Entered: 03/06/2026)

#19

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to Todd Lyons. (sj) (Entered: 03/06/2026)

#20

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to Kristi Noem. (sj) (Entered: 03/06/2026)

#21

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (sj) (Entered: 03/06/2026)

#22

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (sj) (Entered: 03/06/2026)

#23

Mar 06, 2026

ELECTRONIC SUMMONS ISSUED as to Pamela Bondi. (sj) (Entered: 03/06/2026)

#24

Mar 06, 2026

LETTER addressed to Judge Edgardo Ramos from Janet Guyon dated 3/6/2026 re: Letter requesting modification of court order on transfer. Document filed by Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security..(Guyon, Janet) (Entered: 03/06/2026)

#25

Mar 06, 2026

MEMO ENDORSEMENT on re: 24 Letter, filed by U.S. Department of Homeland Security, Kristi Noem, Kenneth Genalo, Executive Office For Immigration Review, Todd Lyons, Pamela Bondi. ENDORSEMENT: The petitioner is directed to file a letter response by Monday, March 9, 2026. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/6/2026) (mml) (Entered: 03/09/2026)

Mar 06, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexandra Zaretsky to RE-FILE Document No. 16 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Summonses are only issued to active parties of the case. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Mar 06, 2026

Notice to Attorney Regarding Deficient Request for Issuance of Summons

#26

Mar 09, 2026

LETTER addressed to Judge Edgardo Ramos from Alexandra Zaretsky dated 03/09/2026 re: Opposing modification of court order on transfer. Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) (Entered: 03/09/2026)

#27

Mar 09, 2026

LETTER addressed to Judge Edgardo Ramos from Janet Guyon dated 03/09/2026 re: Letter in response to Court order. Document filed by Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1. NTA, # 2 Exhibit 2. I-213 (2023), # 3 Exhibit 3. I-220A, # 4 Exhibit 4. RAP Sheet, # 5 Exhibit 5. Detainer, # 6 Exhibit 6. Warrant, # 7 Exhibit 7. I-213).(Guyon, Janet) (Entered: 03/09/2026)

#28

Mar 10, 2026

ORDER: Garcia Montalban filed a Petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2241 on March 4, 2026. Doc. 1. On March 5, 2026, the Court issued an Order to Answer, directing the Respondents not to transfer Garcia Montalban outs ide of the Southern District of New York, the Eastern District of New York, or the District of New Jersey and requesting that the Respondents to file a letter indicating, inter alia, (1) whether the Petitioner was located in the Southern District of New York at the time that the Petition was filed, (2) the statutory provision(s) under which the Respondents assert the authority to detain the Petitioner, and (3) if the asserted basis for the Petitioner's detention is 8 U.S.C. § 1225(b)(2 )(A), whether there is any basis to distinguish this case from this Court's decision in Liu v. Almodovar, 25-cv-9256 (S.D.N.Y. Dec. 2, 2025). Doc. 9. Accordingly, the Court DENIES Garcia Montalban's petition insofar as it requests immedia te release. For the foregoing reasons, the petition is GRANTED in part and DENIED in part. The Government shall ensure that Garcia Montalban receives a bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within seven da ys of this opinion, by March 17, 2026. At the hearing, the Government shall bear the burden to prove, by clear and convincing evidence, that the petitioner is a danger to the community or a risk of flight. If no such hearing is held by that deadl ine, the Government shall immediately release the petitioner. Further, both parties are directed to file a status update with this Court by March 17, 2026. The Respondents request to modify this Courts Order to Answer is GRANTED insofar as Court dir ects Respondents not to transfer Petitioner, except to a facility within this District, the Eastern District of New York, the District of New Jersey, or the Middle District of Pennsylvaniaabsent a further order of this Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge Edgardo Ramos on 3/10/2026) (jca)

#29

Mar 10, 2026

LETTER MOTION to Reopen March 10, 2026 Order addressed to Judge Edgardo Ramos from Alexandra Zaretsky dated 3/10/2026. Document filed by Olga Morelia Garcia Montalban. (Attachments: # 1 Exhibit CJA Pretrial Release Assessment).(Zaretsky, Alexandra) (Entered: 03/10/2026)

#30

Mar 11, 2026

ORDER with respect to 29 Letter Motion to Reopen. The government is directed to respond by 5:00 pm on Thursday, March 12, 2026. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/11/2026) (jca) (Entered: 03/11/2026)

Mar 11, 2026

Set/Reset Deadlines: Responses due by 3/12/2026 (jca)

#31

Mar 12, 2026

LETTER addressed to Judge Edgardo Ramos from Janet Guyon dated 3/12/2026 re: Letter reply to motion to reconsider. Document filed by Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Case notice, # 2 Exhibit EOIR case notice).(Guyon, Janet) (Entered: 03/12/2026)

#32

Mar 12, 2026

REPLY MEMORANDUM OF LAW in Support re: 29 LETTER MOTION to Reopen March 10, 2026 Order addressed to Judge Edgardo Ramos from Alexandra Zaretsky dated 3/10/2026. . Document filed by Olga Morelia Garcia Montalban..(Zaretsky, Alexandra) (Entered: 03/12/2026)

#33

Mar 12, 2026

ORDER, The parties are hereby notified that oral argument will be heard on Friday, March 13, 2026 at 2:00 PM, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, Courtroom 619. SO ORDERED. ( Oral Argument set for 3/13/2026 at 02:00 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/12/26) (yv)

#34

Mar 13, 2026

ORDER: On March 13, 2026, the parties appeared before the Court for oral argument. As discussed, the Government is directed to provide the requested information by 5:00 PM on Tuesday, March 17, 2026. Further, Garcia Montalban's bond hearing before an immigration judge is stayed until further order of this Court. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/13/2026) (mml)

Mar 13, 2026

Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 3/13/2026 re: 29 LETTER MOTION to Reopen March 10, 2026 Order. Plaintiff's and Defendants' counsel present. The Government was directed to provide the requested information by 5:00 PM on Tuesday, March 17, 2026. Garcia Montalban's bond hearing before an immigration judge is stayed. (jar)

#35

Mar 17, 2026

LETTER addressed to Judge Edgardo Ramos from Petitioner Olga Morelia Garcia Montalban dated March 17, 2026 re: Status Update re Violations of this Court's Orders. Document filed by Olga Morelia Garcia Montalban..(Fetrow, Kate) (Entered: 03/17/2026)

#36

Mar 17, 2026

LETTER addressed to Judge Edgardo Ramos from Janet Guyon dated 3/17/2026 re: Response to court order. Document filed by Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, OREC, # 2 Exhibit 2. RAP Sheet, # 3 Exhibit 3. Bond order, # 4 Exhibit 4 Address changes).(Guyon, Janet) (Entered: 03/17/2026)

#37

Mar 17, 2026

DECLARATION of Roberto Rodriguez in Opposition re: 36 Letter,. Document filed by Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security..(Guyon, Janet) (Entered: 03/17/2026)

#38

Mar 18, 2026

BRIEF in Response to Respondents' Letter Brief. Document filed by Olga Morelia Garcia Montalban. (Attachments: # 1 Exhibit Declaration of Jorge Artieda, # 2 Exhibit Declaration of Lawrence Burman, # 3 Exhibit Declaration of Rebecca Press, # 4 Exhibit Declaration of Benjamin Remy, # 5 Exhibit Declaration of Olga Morelia Garcia Montalban).(Zaretsky, Alexandra) (Entered: 03/18/2026)

#39

Mar 20, 2026

ORDER: For the reasons stated above, Respondents are ordered to immediately release Garcia Montalban from custody. Respondents shall file a letter on the docket certifying compliance with this Order by no later than March 23, 2026 at 12:00 p.m. I T IS FURTHER ORDERED that Garcia Montalban "shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his de tention is authorized under 8 U.S.C. § 1226(a)." Gholam Ali Ahmadi v. Almodovar, No. 26-CV-274 (VSB), 2026 WL 621827, at *3 (S.D.N.Y. Mar. 5, 2026) (quoting Hyppolite v. Noem, No. 25-CV-4304 (NRM), 2025 WL 2829511, at *17 (E.D.N.Y. Oct. 6 , 2025)). Cf. Rueda Torres v. Francis, No. 25-CV-8408 (DEH), 2025 WL 3168759, at *6 (S.D.N.Y. Nov. 13, 2025). IT IS FURTHER ORDERED that the Government is ENJOINED from denying bond to Garcia Montalban in any subsequent proceeding on the basis that she must be detained pursuant to 8 U.S.C. § 1225(b) and from invoking in that proceeding the automatic stay provision at 8 C.F.R. § 1003.19(i)(2), absent a change in controlling law. Gholam Ali Ahmadi, 2026 WL 621827, at *3; Rueda Torres, 2025 WL 3168759, at *6. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/20/2026) (jca)

#40

Mar 23, 2026

LETTER addressed to Judge Edgardo Ramos from Janet Guyon dated 3/23/2026 re: Letter certifying compliance with Court order. Document filed by Pamela Bondi, Executive Office For Immigration Review, Kenneth Genalo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security..(Guyon, Janet) (Entered: 03/23/2026)

Mar 23, 2026

Oral Argument

#41

Apr 14, 2026

CLERK'S JUDGMENT re: 39 Order. in favor of Olga Morelia Garcia Montalban against Executive Office For Immigration Review, U.S. Department of Homeland Security, Kenneth Genalo, Kristi Noem, Pamela Bondi, Todd Lyons. It is hereby ORDERED, A DJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 20, 2026, Petition is GRANTED and Respondents are ordered to immediately release Garcia Montalban from custody. (Signed by Clerk of Court Tammi M Hellwig on 4/14/2026) (Attachments: # 1 Notice of right to appeal) (nd)

Apr 14, 2026

Transmission to Orders and Judgments Clerk

#42

Jun 26, 2026

Adjourn Conference

#43

Jun 29, 2026

ORDER granting 42 Letter Motion to Adjourn Conference. The request to forgo the premotion conference requirement is granted. Petitioner's motion for attorney's fees is due July 15, 2026; the opposition is due August 5, 2026; the reply is due August 12, 2026. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/29/2026) (jca)

#44

Jul 15, 2026

Attorney Fees

#45

Jul 15, 2026

Attorney Fees

#46

Jul 15, 2026

Declaration in Support of Motion

#47

Jul 23, 2026

Letter

#48

Jul 24, 2026

Letter

#49

Jul 30, 2026

1 - Terminate Deadlines AND Order