Eastern District of New York • 2:26-cv-01365

#1

Mar 09, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19985542, filed by Giovanni Jesus Ilma Zapata. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, (Austin, Paige) Modified on 3/10/2026 (SMF). (Entered: 03/09/2026)

#2

Mar 09, 2026

Civil Cover Sheet.. by Giovanni Jesus Ilma Zapata (Austin, Paige) (Entered: 03/09/2026)

#3

Mar 10, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 03/10/2026)

#4

Mar 10, 2026

STAY OF REMOVAL AND ORDER TO SHOW CAUSE: The Parties must carefully read the full contents of the attached Order to Show Cause and comply with all directives. As set forth in the attached Order:1. The parties are ORDERED to appear before this Court for a hearing on the Petition on Friday, March 13, 2026 at 3:00 p.m. in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722;2. Respondents shall produce Petitioner for in-person appearance at the hearing;3. Respondents shall submit a letter by today, March 10, 2026 at 11:59 p.m., addressing all of the information detailed in the attached Order to Show Cause;4. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents must show cause why the Petition for Writ of Habeas Corpus should not be granted by Thursday, March 12, 2026 at 11:59 p.m.;5. Petitioner's Reply, if any, shall be filed by Friday, March 13, 2026 at 11:00 a.m.; 6. Petitioner shall not be removed from the United States unless and until the Court orders otherwise;7. Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court;8. Within 24 hours of issuance of this Order, Petitioner's counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 3/10/2026. (CQTH) (Entered: 03/10/2026)

#5

Mar 10, 2026

AFFIDAVIT of Service for Petition; Civil Cover Sheet; and the Court's Order to Show Cause served on U.S. Attorney's Office on March 10, 2026, filed by Giovanni Ilma Zapata. (Austin, Paige) (Entered: 03/10/2026)

#6

Mar 10, 2026

NOTICE of Appearance by Alina Austin on behalf of Pam Bondi, Kenneth Genalo, Kristi Noem (aty to be noticed) (Austin, Alina) (Entered: 03/10/2026)

#7

Mar 10, 2026

Letter MOTION for Extension of Time to File additional documents and a complete response to the Stay of Removal and Order to Show Cause dated March 10, 2026 by Pam Bondi, Kenneth Genalo, Kristi Noem. (Attachments: # 1 Exhibit A) (Austin, Alina) (Entered: 03/10/2026)

Mar 10, 2026

Quality Control Check - Summons

Mar 10, 2026

Case Assigned/Reassigned

Mar 10, 2026

Your proposed 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., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Mar 10, 2026

Case Assigned to Judge Nusrat J. Choudhury. 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. (SMF)

#8

Mar 11, 2026

Letter respectfully submitting declaration and supporting documentation by Pam Bondi, Kenneth Genalo, Kristi Noem (Attachments: # 1 Declaration) (Austin, Alina) (Entered: 03/11/2026)

#9

Mar 11, 2026

NOTICE of Appearance by Harold A. Solis on behalf of Giovanni Ilma Zapata (aty to be noticed) (Solis, Harold) (Entered: 03/11/2026)

#10

Mar 11, 2026

Letter respectfully submitting an additional declaration and documentation by Pam Bondi, Kenneth Genalo, Kristi Noem (Attachments: # 1 Declaration) (Austin, Alina) (Entered: 03/11/2026)

#11

Mar 11, 2026

MINUTE ENTRY AND ORDER. The Court held a telephone conference on March 11, 2026 at 3:00 PM. Paige Austin and Harold Solis appeared on behalf of Petitioner. Alina Austin appeared on behalf of Respondents. The parties addressed Mr. Ilma Zapata's claims and Respondents' various submissions. Respondents indicated that they intended to file a supplemental submission containing (1) a declaration by the officer who conducted Mr. Ilma Zapata's arrest, as well as (2) the March 9, 2026 arrest warrant that ICE officers served on Mr. Ilma Zapata. In light of representations by counsel for Mr. Ilma Zapata regarding their inability to arrange a phone call with him during his detention at the Nassau County Correctional Center, the Court ordered Respondents to file a letter identifying the time frames and procedures concerning ICE detainee legal calls at the Nassau County Correctional Center and what information detainees are provided about their access to legal calls. Respondents must submit this filing by March 18, 2026. Counsel for both parties agreed that the outcome of Mr. Ilma Zapata's procedural due process challenge to his detention is governed by this Court's prior decision in Rodriguez-Acurio v. Almodovar, __ F. Supp. 3d __, No. 25-cv-6065, 2025 WL 3314420 (E.D.N.Y. Nov. 28, 2025). As stated on the record and as will be set forth in more detail in a forthcoming opinion and order, the Court GRANTS Mr. Ilma Zapata's application for a writ of habeas corpus under 28 U.S.C. § 2241, and hereby ORDERS that Respondents immediately release Mr. Ilma Zapata from custody. Respondents must coordinate with Petitioner's counsel and thereafter release Mr. Ilma Zapata from the Nassau County Correctional Center, without any electronic monitoring, including but not limited to GPS monitoring, into the physical care of counsel or another mutually agreed upon person at the earliest possible time agreed upon by the parties, but no later than 8:00 p.m. tonight, March 11, 2026. Respondents must release Mr. Ilma Zapata with all of his belongings that are in Respondents' possession, including but not limited to all identification cards, clothing, and money. To the extent that any of Mr. Ilma Zapata's belongings are located at 26 Federal Plaza, Respondents shall release those items directly to Petitioner's counsel by March 12, 2026. All other belongings must be returned to Mr. Ilma Zapata prior to or at the time of his release directly from the Nassau County Correctional Center. Respondents shall confirm compliance with these directives, including by identifying the specific individual to whom Mr. Ilma Zapata was released and how and when all belongings, including identification cards, were returned, in a filing on the docket by 11:59 p.m. tonight, March 11, 2026. The Court FURTHER ORDERS that Respondents shall not deny Mr. Ilma Zapata bond in any subsequent proceeding on the basis that he must be detained pursuant to Section 1225(b) absent a change in relevant circumstances consistent with this Order. The Show Cause hearing scheduled for March 13, 2026 at 3:00 PM in the Alfonse D'Amato U.S. Courthouse is adjourned. (CQTH) (Entered: 03/11/2026)

#12

Mar 11, 2026

Letter respectfully submitted to the Court confirming release of Petitioner by Pam Bondi, Kenneth Genalo, Kristi Noem (Austin, Alina) (Entered: 03/11/2026)

Mar 11, 2026

ORDER. The parties shall appear for a telephone conference today, March 11, 2026 at 3:00 PM. The parties must call the Teleconferencing Center at (571) 353-2301 and enter Access Code 981400071 when prompted. All deadlines and hearing dates remain in effect. Ordered by Judge Nusrat J. Choudhury on 3/11/2026. (CQTH)

Mar 11, 2026

ORDER. The Court has reviewed Respondents' Motion for an Extension of Time to complete their response to the Court's Order to Show Cause. (ECF No. 7 .) The motion is GRANTED IN PART.The Court afforded Respondents the opportunity to provide an abbreviated response to the Petition in lieu of filing a full legal brief and associated submissions in the event that they take the position that the resolution of the Petition is controlled by a prior decision of this Court. Respondents have taken that position, but have failed to meet the deadline of March 10, 2026 at midnight for providing an abbreviated response in lieu of a complete response to the Petition.To the extent Respondents elect to provide an abbreviated response to the Order to Show Cause, they must do so by March 11, 2026, at 12:00 p.m. Should they miss that deadline, they are required to file a full response to the Petition pursuant to the timeline set forth in the Order to Show Cause.Ordered by Judge Nusrat J. Choudhury on 3/11/2026. (CQTH)

Mar 11, 2026

Scheduling Order

Mar 11, 2026

Order on Motion for Extension of Time to File

#13

Mar 12, 2026

Order(Other)

#14

Mar 18, 2026

Letter