Southern District of New York • 1:26-cv-02010

#1

Mar 11, 2026

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32530213) Request for emergency relief to be separately filed..Document filed by Erika Annabel Matute Tapia. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Request for Immediate Release or TRO).(Romero, Custodio) Modified on 3/11/2026 (pc). (Entered: 03/11/2026)

#2

Mar 11, 2026

EMERGENCY MOTION Motion for Request of Immediate Release from Custody . Document filed by Erika Annabel Matute Tapia..(Romero, Custodio) (Entered: 03/11/2026)

#3

Mar 11, 2026

Petitioner, who is detained at 26 Federal Plaza, brings this Petition for writ of habeas corpus under 28 U.S.C. § 2241. Dkt. No. 1. The Court, having examined the Petition, determines that an immediate order is necessary to preserve the Courts jurisdiction. Accordingly, in order to preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dept of Homeland Sec., No. 25-CV-0644, 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ([A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the courts jurisdiction over a case or cases.). Moreover, in light of Petitioners interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioners transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). This order will remain in effect unless and until it is vacated or modified by this Court. It is further ORDERED that the U.S. Attorneys Office shall file an answer or other pleadings in response to the Petition on or before March 18, 2026; any reply from Petitioner is due March 23, 2026. The Court will conduct a telephonic conference on March 26, 2026 at 2 p.m. Counsel shall appear and should contact the Court at 1-855-244-8681 (access code: 2305 370 0226#).The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 03/11/2026)

#4

Mar 11, 2026

The Court will conduct a telephonic conference tomorrow, March 12, at 2:15 pm. Counsel should contact the Court at 1-855-244-8681 (access code: 2305 370 0226#). Counsel should be prepared to discuss the relationship between this matter and the case pending in the Southern District of Texas. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 03/11/2026)

#5

Mar 11, 2026

CIVIL COVER SHEET filed. (Attachments: # 1 Supplement Corrected Petition for Writ of Habeas Corpus).(Romero, Custodio) (Entered: 03/11/2026)

Mar 11, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Custodio Anibal Romero to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 2025; the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (pc)

Mar 11, 2026

Magistrate Judge Valerie Figueredo 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. (pc)

Mar 11, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc)

Mar 11, 2026

Order

Mar 11, 2026

Notice to Attorney Regarding Removal of Party

Mar 11, 2026

Case Designated ECF. (pc)

Mar 11, 2026

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Custodio Anibal Romero. The following party/parties has been removed from this case: FILED OFFICE DIRECTO Kenneth Genalo. The party was added to the case in error. (pc)

Mar 11, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Custodio Anibal Romero. The party information for the following party/parties has been modified: Secretary Kristi Noem, Acting Director Todd M. Lyons, FILED OFFICE DIRECTO Kenneth Genalo, Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc)

Mar 11, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Custodio Anibal Romero to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct, remove the instructions. 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. (pc)

Mar 11, 2026

Case Opening Initial Assignment Notice

Mar 11, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Mar 11, 2026

Notice to Attorney Regarding Deficient Pleading

Mar 11, 2026

Notice to Attorney Regarding Party Modification

#6

Mar 12, 2026

ORDER: The Parties are ORDERED to participate in a telephonic conference on March 12 2026 at 4:15 PM. The Patties should contact the Court at 1-855-244-8681 (access code: 2305 3700 226#). Telephone Conference set for 3/12/2026 at 04:15 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 3/11/2026) (rro) (Entered: 03/12/2026)

#7

Mar 12, 2026

As discussed at todays telephonic conference, a habeas petition lies in the district where the petitioner is detained at the time the petition is filed. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). When the petitioner filed the first petition in the Southern District of New York, she was detained in the Southern District of Texas. Accordingly, the Court transferred the case to that district. The Court in the Southern District of Texas scheduled a hearing in the matter for March 18. On March 9, the petitioner was transported back to a detention facility in SDNY. On March 11, petitioners counsel filed a new petition in the SDNY. The first petition remains pending, and the fact that the petitioner has been moved after the petition was filed has no bearing on the jurisdiction of the Southern District of Texas. This Court must avoid interfering with any rulings to be issued by the Southern District of Texas.Accordingly, the parties are ORDERED to SHOW CAUSE why this Court should not vacate its prior order preventing the petitioner from being removed from the United States AND its order preventing the transfer of the petitioner to another district. The parties are also ORDERED to SHOW CAUSE why the petition in this district should not be dismissed. Counsel should file any opposition by March 16, 2026. Failure to respond will result in the Court vacating its prior order preventing the petitioner from being removed from the United States and its order preventing the transfer of the petitioner to another district. Failure to respond will also result in a dismissal of the petition filed in this district. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 03/12/2026)

Mar 12, 2026

Order

#8

Mar 16, 2026

Opposition Brief

#9

Mar 17, 2026

On March 16, 2026, Petitioner responded to the Order to Show Cause entered by this Court on March 12, 2026. Petitioner asks this court not to dismiss the petition filed in this district. Contrary to Petitioners assertion, the Southern District of Texas has not lost jurisdiction. A habeas petition lies in the jurisdiction where the petitioner is detained at the time the petition is filed. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). Petitioner alternatively asks for a stay so that petitioner may seek to have the Texas action dismissed or transferred. At the telephonic conference on March 12, Petitioner indicated that she would immediately seek dismissal or transfer of the Texas action in the Southern District of Texas. As of today, petitioner has done neither. In an abundance of caution, this court will not dismiss the habeas petition filed in this district. BUT this Court VACATES its order preventing the petitioner from being removed from the United States AND its order preventing the transfer of the petitioner to another district. Nothing in this order shall be interpreted to restrict the authority of the Southern District of Texas to rule on the petition filed before it. The briefing schedule entered in this case is cancelled. The parties should file a joint status report by March 25, 2026. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 03/17/2026)

Mar 17, 2026

Telephone Conference

Mar 17, 2026

Order

#10

Mar 18, 2026

Dismiss

#11

Mar 18, 2026

Order on Motion to Dismiss

#12

Mar 18, 2026

Notice of Appearance

#13

Mar 18, 2026

Letter

Mar 19, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss