Eastern District of New York • 2:26-cv-01508

#1

Mar 13, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20005281, filed by Geser Abimael Leiva Garcia. Was the Disclosure Statement on Civil Cover Sheet completed No,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Babbar, Pallvi) Modified on 3/13/2026 (SMF). (Entered: 03/13/2026)

#2

Mar 13, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 03/13/2026)

Mar 13, 2026

Case Assigned to Judge Eric R. Komitee. 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)

Mar 13, 2026

Your proposed summons was not issued for one of the following reasons: No address on the To Section., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Mar 13, 2026

Quality Control Check - Summons

Mar 13, 2026

Case Assigned/Reassigned

#3

Mar 15, 2026

ORDER TO SHOW CAUSE: As set forth in the enclosed order, petitioner's motion for a temporary restraining order is granted in part. By 5:00 p.m. on March 24, respondents are ordered to show cause why the petition should not be granted for substantially the same reasons articulated in the Court's November 18, 2025 order in Sarmiento Guerrero v. Noem, --- F. Supp. 3d --- (E.D.N.Y. 2025). Should respondents acknowledge that the instant petition presents no meaningful distinction from Sarmiento Guerrero, they shall either afford Leiva Garcia a bond hearing or release him - in either case, on or before March 27, absent further order of this Court. See Guartazaca Sumba v. Crowley, No. 25-CV-13034, 2025 WL 3126512, at *5 (N.D. Ill. Nov. 9, 2025). In that case, the parties shall file a status report on or before March 30 that addresses Leiva Garcia's release status. Otherwise, petitioner should serve his reply by 5:00 p.m. on March 30. ORDER ENCLOSED. Ordered by Judge Eric R. Komitee on 3/15/2026. (JAP) (Entered: 03/15/2026)

#4

Mar 15, 2026

Notice of Appearance

#5

Mar 24, 2026

Response to Order to Show Cause

#6

Mar 24, 2026

Letter

Mar 26, 2026

Order(Other)

Mar 26, 2026

ORDER: The Court is in receipt of the parties' letters, ECF Nos. 5, 6, filed in response to the Court's order to show cause. Respondents represent that they will provide petitioner a bond hearing on March 27. Petitioner argues that a bond hearing is a "legally deficient" remedy at this stage and that the Court should simply order the petitioner released. See Petitioner Letter 1, ECF No. 6 . Petitioner cites no binding authority for that proposition, apart from the due process clause itself. See id.; Petition 4, ECF No. 1 ; cf. Black v. Decker, 103 F.4th 133, 158 (2d Cir. 2024) (requiring a bond hearing to address due process violation for "unreasonably prolonged detention under Section 1226(c)"). On or before April 2, the government should submit a letter - not to exceed 1,000 words - on this issue. Ordered by Judge Eric R. Komitee on 3/26/2026. (JAP)

#7

Mar 27, 2026

Letter

Mar 28, 2026

ORDER: The Court is in receipt of Petitioner's letter 7 requesting the Court "reopen or schedule a subsequent bond redetermination." Ltr. 2. Though he claims that his attorney was unprepared to go forward at this hearing, Ltr. 1, Petitioner does not dispute that he received an individualized bond determination. And this Court does not have authority to review the decisions of the Immigration Judge. See 8 U.S.C. § 1226(e) ("No court may set aside any action or decision by the Attorney General under this section regarding the detention of any alien or the revocation or denial of bond or parole."); see also Roman v. Decker, No. 20-CV-6752, 2021 WL 3173138, at *3 (S.D.N.Y. July 27, 2021) (district court may review only whether an individualized bond hearing was held and not the immigration judge's bond determination). Accordingly, petitioner's request is denied. Ordered by Judge Eric R. Komitee on 3/28/2026. (JAP)

Mar 28, 2026

Order(Other)

#8

Mar 30, 2026

Letter

Apr 06, 2026

Order(Other)