Eastern District of New York • 1:26-cv-01559

#1

Mar 16, 2026

Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20010531, filed by N. G.C.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A Declaration of N.G.C., # 3 Exhibit B Notice to Appear, # 4 Exhibit C Form I-213, # 5 Exhibit D Bond Order Denying Jurisdiction, # 6 Exhibit E Motion to Suppress, # 7 Exhibit F Order Denying Motion to Suppress) (Miner, Aaron) (Entered: 03/16/2026)

#2

Mar 16, 2026

MOTION to Seal for leave to proceed via pseudonym by N. G.C.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Miner, Aaron) (Entered: 03/16/2026)

#3

Mar 17, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 03/17/2026)

#4

Mar 17, 2026

Upon review of Petitioner N. G.C's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that: 1. The Court grants Petitioner's 2 Motion to proceed by pseudonym because it finds that the factors in Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189–90 (2d Cir. 2008) weigh in favor of granting Petitioner anonymity. 2. Respondents shall, by 6:00 p.m. on Tuesday, March 24, 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 the vast majority of district court cases that have disagreed with Respondents' contention. Specifically, Respondents are directed to state:a. What distinguishes Petitioner's case from the numerous other cases in which the petitioner, who had resided in the United States for several years, was found to be improperly detained under 8 U.S.C. § 1225(b)(2). See Barco Mercado v. Francis, – F. Supp. 3d. –, No. 25-CV-6582 (LAK), 2025 WL 3295903, at *4, *13–14 (S.D.N.Y. Nov. 26, 2025) (collecting cases); O.F.C. v. Almodovar, No. 25-CV-9816 (LJL), 2026 WL 74262, at *5 (S.D.N.Y. Jan. 9, 2026) (explaining that courts have consistently found that § 1226(a) applies to noncitizens who entered without inspection and were later apprehended within the country); (Pet., Dkt. 1, ¶ 11 (contending Petitioner has lived in the United States since June 2021)).b. The basis for Petitioner's stop and seizure on November 28, 2025, which Petitioner alleges was unlawfully race-based. (See Pet., Dkt. 1, ¶¶ 2, 23–29, 87–90; N. G.C. Decl., Dkt. 1–2); Escobar Molina v. U.S. Dep't of Homeland Sec., No. 25-CV-3417 (BAH), 2025 WL 3465518, at *13 (D.D.C. Dec. 2, 2025) (drawing from Fourth Amendment standard and granting preliminary injunction upon finding likelihood of plaintiffs' success on the merits, where plaintiffs challenged Department of Homeland Security's practice of warrantless arrests on statutory grounds). Finally, Respondents are directed to include "affidavits and exhibits . . . to establish the lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition." See Belqui M. v. Bondi, No. 26-CV-0308 (MJD/SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), R&R adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026). 3. 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). 4. 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 3/17/2026. (ABB) (Entered: 03/17/2026)

#5

Mar 17, 2026

Notice of Appearance

Mar 17, 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. (CV)

Mar 17, 2026

Case Assigned/Reassigned

#6

Mar 18, 2026

Notice of Appearance

#7

Mar 24, 2026

Response to Order to Show Cause

#8

Mar 25, 2026

Memorandum & Opinion

#9

Mar 25, 2026

Judgment - Clerk