Southern District of New York • 1:25-cv-04826

#1

Jun 06, 2025

FILING ERROR - PDF ERROR PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Candida Ramirez Lopez..(Banks, Melissa) Modified on 6/9/2025 (gp). (Entered: 06/06/2025)

#2

Jun 06, 2025

CIVIL COVER SHEET filed..(Banks, Melissa) (Entered: 06/06/2025)

#3

Jun 07, 2025

NOTICE OF APPEARANCE by Carolyn M Norton on behalf of Candida Ramirez Lopez..(Norton, Carolyn) (Entered: 06/07/2025)

#4

Jun 09, 2025

FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31203773)Document filed by Candida Ramirez Lopez..(Banks, Melissa) Modified on 6/9/2025 (gp). (Entered: 06/09/2025)

#5

Jun 09, 2025

NOTICE OF APPEARANCE by Melissa Banks on behalf of Candida Ramirez Lopez..(Banks, Melissa) (Entered: 06/09/2025)

Jun 09, 2025

Magistrate Judge Stewart D. Aaron 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. (gp)

Jun 09, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Melissa Banks. The party information for the following party/parties has been modified: Donald J. Trump, Judith Almodovar, Todd Lyons and Kristi Noem. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)

Jun 09, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Melissa Banks to RE-FILE Document No. 4 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the pleading was improperly signed, see ECF Rules and Instructions Section 13.15. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp)

Jun 09, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jeannette A. Vargas. 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..(gp)

Jun 09, 2025

Notice to Attorney Regarding Party Modification

Jun 09, 2025

Notice to Attorney Regarding Deficient Pleading

Jun 09, 2025

Case Opening Initial Assignment Notice

Jun 09, 2025

Case Designated ECF. (gp)

#6

Jun 10, 2025

FILING ERROR - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, Judith Almodovar, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, re: 1 Petition for Writ of Habeas Corpus. Document filed by Candida Ramirez Lopez. (Attachments: # 1 Supplement Rider to proposed summons).(Banks, Melissa) Modified on 6/11/2025 (gp). (Entered: 06/10/2025)

#7

Jun 10, 2025

LETTER addressed to Judge Jeannette A. Vargas from Carolyn M. Norton, Counsel for Petitioner dated 6/10/25 re: Emergency Motion for a Temporary Restraining Order. Document filed by Candida Ramirez Lopez..(Norton, Carolyn) (Entered: 06/10/2025)

#8

Jun 10, 2025

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Candida Ramirez Lopez. (Attachments: # 1 Exhibit Petition for Writ of Habeas Corpus, # 2 Proposed Order Proposed Order).(Norton, Carolyn) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 06/10/2025)

#9

Jun 10, 2025

MEMORANDUM OF LAW in Support re: 8 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Candida Ramirez Lopez..(Norton, Carolyn) (Entered: 06/10/2025)

#10

Jun 10, 2025

ORDER It is hereby ORDERED that counsel for all parties appear for a conference with the Court on June 11, 2025, at 9:30 a.m. in Courtroom 14C of the United States Courthouse, 500 Pearl Street, New York, New York, to discuss Plaintiffs emergency motion for a temporary restraining order (TRO). ECF No. 8. (Signed by Judge Jeannette A. Vargas on 06/10/2025) (nmo) (Entered: 06/10/2025)

#11

Jun 10, 2025

DECLARATION of Carolyn Norton in Support re: 8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Candida Ramirez Lopez..(Norton, Carolyn) (Entered: 06/10/2025)

#12

Jun 10, 2025

DECLARATION of David Wilkins in Support re: 8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Candida Ramirez Lopez. (Attachments: # 1 Exhibit A - Request for Reasonable Fear Interview, # 2 Exhibit B - Respons to Request for RFI, # 3 Exhibit C - Email seeking name of DO, # 4 Exhibit D - Email noting no RFIs scheduled, # 5 Exhibit E - Email noting ISAP officers will not acknowledge counsel, # 6 Exhibit F - Email seeking Petitioner location, # 7 Exhibit G - Resonse to Ex F, # 8 Exhibit H - Email seeking Petitioner location, # 9 Exhibit I - Email seeking Petitioner location, # 10 Exhibit J - Response to I, # 11 Exhibit K - Email seeking Petitioner location, # 12 Exhibit L - Email seeking Petitioner location, # 13 Exhibit M - Email saying Petitioner in transit, # 14 Exhibit N - Email noting Petitioner transferred to Houston, # 15 Exhibit ) - Follow up RFI Request, # 16 Exhibit P - Follow up re RFI, # 17 Exhibit Q - Counsel request to contact Petitioner).(Clarke, Christine) (Entered: 06/10/2025)

#13

Jun 10, 2025

AFFIDAVIT OF SERVICE of Court Order, Court Rules, Pre-Filing TRO letter served on Donald J. Trump, Judith Almodovar, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement on June 10, 2025. Service was accepted by N/A. Service was made by N/A. Document filed by Candida Ramirez Lopez..(Banks, Melissa) (Entered: 06/10/2025)

#14

Jun 10, 2025

LETTER MOTION to Adjourn Conference addressed to Judge Jeannette A. Vargas from AUSA Anthony J. Sun dated 6/10/2025. Document filed by Judith Almodovar, Todd Lyons, Kristi Noem, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 06/11/2025)

#15

Jun 11, 2025

ORDER granting 14 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 6/10/2025) (sgz) (Entered: 06/11/2025)

#16

Jun 11, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, Judith Almodovar, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, re: 1 Petition for Writ of Habeas Corpus. Document filed by Candida Ramirez Lopez. (Attachments: # 1 Supplement Rider to proposed summons).(Banks, Melissa) (Entered: 06/11/2025)

#17

Jun 11, 2025

LETTER addressed to Judge Jeannette A. Vargas from AUSA Anthony J. Sun dated 6/11/2025 re: recusal parameters. Document filed by Judith Almodovar, Todd Lyons, Kristi Noem, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 06/11/2025)

#18

Jun 11, 2025

LETTER MOTION for Leave to File Letter motion to waive correction of clerk's document deficiency #4 addressed to Judge Jeannette A. Vargas from Melissa Banks dated June 11, 2025. Document filed by Candida Ramirez Lopez..(Banks, Melissa) (Entered: 06/11/2025)

#19

Jun 11, 2025

ELECTRONIC SUMMONS ISSUED as to Judith Almodovar, Todd Lyons, Kristi Noem, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General..(gp) (Entered: 06/11/2025)

Jun 11, 2025

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Jun 11, 2025

Motion Hearing AND ~Util - Set Hearings

Jun 11, 2025

Minute Entry for proceedings held before Judge Jeannette A. Vargas: Motion Hearing held on 6/11/2025. Present were Melissa Banks, Carolyn Norton and David Wilkins for the plaintiff and Anthony Sun for the defendants. Opposition papers are due by June 16, 2025 and reply papers are due June 18, 2025. Hearing on the TRO is set for June 20, 2025 at 10:30 am in Courtroom 14C of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Court Reporter Pamela Utter) (nmo)

Jun 11, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Melissa Banks to RE-FILE Document No. 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): The PDF is the incorrect official A.O. Summons form. 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. (gp)

#20

Jun 12, 2025

LETTER addressed to Judge Jeannette A. Vargas from AUSA Anthony J. Sun dated 6/12/2025 re: clarification re reinstatement of prior removal order. Document filed by Judith Almodovar, Todd Lyons, Kristi Noem, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 06/12/2025)

#21

Jun 17, 2025

AFFIDAVIT of Matthew Alexander in Opposition re: 8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Judith Almodovar, Todd Lyons, Kristi Noem, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 06/17/2025)

#22

Jun 17, 2025

MEMORANDUM OF LAW in Opposition re: 8 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Judith Almodovar, Todd Lyons, Kristi Noem, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 06/17/2025)

#23

Jun 17, 2025

ORDER granting 18 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 6/16/2025) (sgz) (Entered: 06/17/2025)

#24

Jun 18, 2025

REPLY AFFIRMATION of David Wilkins in Support re: 8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Candida Ramirez Lopez. (Attachments: # 1 Exhibit Email to USCIS re Reasonable Fear Interview Request, # 2 Exhibit Email from USCIS re which office is processing the Reasonable Fear Interview, # 3 Exhibit Notice of Intent/Decision to Reinstate Prior Order, # 4 Exhibit Email to ICE re HIPPA releases, # 5 Exhibit Warrant of Removal/Deportation, # 6 Exhibit Email with ICE re client interview).(Norton, Carolyn) (Entered: 06/18/2025)

#25

Jun 18, 2025

REPLY MEMORANDUM OF LAW in Support re: 8 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Candida Ramirez Lopez..(Norton, Carolyn) (Entered: 06/18/2025)

#26

Jun 20, 2025

ORDER granting in part 8 Motion for TRO. The Court hereby ORDERS: 1) Respondents shall transport Petitioner Candida Ramirez Lopez (A Number 098-982-272) back to the Southern District of New York by Monday, June 23, 2025, and immediately upon effectuating her transfer, shall release Petitioner from custody, subject to the same terms of supervised release that pertained to Petitioner prior to her detention by Immigration and Customs Enforcement ICE on June 4, 2025. 2) The Co urt has reserved decision on the aspect of Plaintiff's motion for a TRO and habeas petition that seeks a stay of removal. During the pendency of the Court's consideration of this issue, however, Petitioner shall not be removed from the U nited States unless and until the Court orders otherwise in order to preserve the Court's jurisdiction. See, e.g., Local 1814, Intern. 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" (cleaned up)); Garci a-Izquierdo v. Gartner, No. 04-CV-7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 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"); 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). A written opinion setting forth the basis for the Court's decision will follow. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 6/20/2025) (vfr)

Jun 20, 2025

Pre-Motion Conference

Jun 20, 2025

Minute Entry for proceedings held before Judge Jeannette A. Vargas: TRO Hearing held on 6/20/2025. Present were Melissa Banks and Carolyn Norton for the plaintiff and AUSA Anthony Sun for the defendants. The parties are directed to order the transcript at an expedited rate and split the cost. (Court Reporter Raquel Robles) (nmo)

#27

Jun 23, 2025

Affidavit of Service as to USA