Eastern District of New York • 2:26-cv-01509

#1

Mar 13, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20005299, filed by Yesion Roel Interiano Leiva. 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

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

Case Assigned to Judge Pamela K. Chen. 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

Quality Control Check - Summons

Mar 13, 2026

Case Assigned/Reassigned

#3

Mar 16, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Yesion Roel Interiano Leiva's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that:1. Respondents shall, by 6:00 p.m. on Monday, March 23, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish his case from others in which an individual, "who was designated an unaccompanied child under the [Trafficking Victims Protection Reauthorization Act ('TVPRA')], released from [the Office of Refugee Resettlement ('ORR')] custody to a sponsor under 8 U.S.C. § 1232, and had been living in the United States prior to being . . . apprehended." Sandoval v. Rokosky, No. 25-CV-17229 (SDW), 2025 WL 3204746, at *2 (D.N.J. Nov. 17, 2025) (citation omitted) (determining 8 U.S.C. § 1225(b)(2) did not apply to petitioner who entered country as an unaccompanied child and was transferred to ORR pursuant to the TVPRA); P.A.H.E. v. Noem, No. 1:26-CV-1164 (DJC) (JDP), 2026 WL 451662, at *12 (E.D. Cal. Feb. 17, 2026) (same); R.A.R.R. v. Almodovar, No. 25-CV-6597 (PKC), 2026 WL 323040, at *58 (E.D.N.Y. Feb. 6, 2026) (determining 8 U.S.C. § 1226(a) governed detention and describing additional protections under the TVPRA); (Pet., Dkt. 1, at 1 (alleging detention in violation of the Fifth Amendment, the TVPRA, and the settlement in Flores v. Sessions, 862 F.3d 863, 869 (9th Cir. 2017)). 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same).3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District absent further order of this Court. See Samb v. Joyce, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 3/16/2026. (ABB) (Entered: 03/16/2026)

#4

Mar 16, 2026

Notice of Appearance

#5

Mar 23, 2026

Extension of Time to File Document

#6

Mar 24, 2026

Response to Order to Show Cause

Mar 24, 2026

ORDER: The Court grants Respondents' 5 Motion for Extension of Time. Respondents shall file their response to the Court's Order to Show Cause by 6 p.m. this evening. Ordered by Judge Pamela K. Chen on 3/24/2026. (ABB)

Mar 24, 2026

Order on Motion for Extension of Time to File

#7

Mar 25, 2026

Reply in Support

#8

Mar 26, 2026

MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum & Order, the Court grants the 1 Petition for Writ of Habeas Corpus. Respondents are directed to release Petitioner from custody immediately and no later than within 24 hours of this Order. Respondents are further directed to return to Petitioner any and all funds or property seized from Petitioner at the time of his arrest. Respondents are directed to certify compliance with the Court's Order by filing a letter on the docket no later than 6:00 p.m. tomorrow, March 27, 2026. The Court further orders that Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conjunction with release (including release on recognizance or similar instruments), without prior notice to and authorization from the Court, or absent a new and independently lawful custody decision properly executed under the law. Petitioner must not be re-detained by Respondents without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, at which Respondents will have the burden of showing that Petitioner's re-detention is authorized under under 8 U.S.C. § 1226(a). The deadline for Petitioner to apply for an award of reasonable fees and costs pursuant to the Equal Access to Justice Act is due within 30 days of a final judgment in this action, which, if Respondents do not appeal, is June 24, 2026. 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close this case. Ordered by Judge Pamela K. Chen on 3/26/2026. (ABB) (Entered: 03/26/2026)

#9

Mar 26, 2026

Letter

#10

Mar 30, 2026

Judgment - Clerk