Southern District of New York • 1:26-cv-02258

#1

Mar 18, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32567133) Request for emergency relief to be separately filed..Document filed by Eithan Gael Vimos Atupana,. (Attachments: # 1 Affidavit Exhibit A).(Silberberg, Avi) (Entered: 03/18/2026)

#2

Mar 18, 2026

PROPOSED ORDER. Document filed by Eithan Gael Vimos Atupana,. Related Document Number: [1:26-cv-2258]..(Silberberg, Avi) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 03/18/2026)

#3

Mar 18, 2026

CIVIL COVER SHEET filed..(Silberberg, Avi) (Entered: 03/18/2026)

#4

Mar 18, 2026

NOTICE OF APPEARANCE by Reuben Samuel Kerben on behalf of Eithan Gael Vimos Atupana,..(Kerben, Reuben) (Entered: 03/18/2026)

#5

Mar 19, 2026

ORDER TO SHOW CAUSE: Accordingly, IT IS HEREBY ORDERED that Respondents shall show cause why the Petition should not be granted by March 23, 2026. Petitioner shall file reply papers, if any, by March 25, 2026. Given the particular circumstances of this case, 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. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. SO ORDERED. ( Replies due by 3/25/2026.) (Signed by Judge Mary Kay Vyskocil on 3/19/2026) (tg) (Entered: 03/19/2026)

Mar 19, 2026

Notice to Court Regarding Proposed Order

Mar 19, 2026

Notice to Attorney Regarding Party Modification

Mar 19, 2026

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 2 Proposed Order was reviewed and approved as to form. (nd)

Mar 19, 2026

Case Designated ECF. (vf)

Mar 19, 2026

Magistrate Judge Ona T. Wang 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. (vf)

Mar 19, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(vf)

Mar 19, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Avi Silberberg. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Nature of Suit code 530 (Habeas Corpus (General)); County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee); the County code has been modified to New York. (vf)

Mar 19, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Avi Silberberg. The party information for the following party/parties has been modified: Eithan Gael Vimos Atupana, Lorraine M. Sanchez, Angie Salazar, Robert F. Kennedy, Jr,. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)

Mar 19, 2026

Case Opening Initial Assignment Notice

Mar 19, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

#6

Mar 23, 2026

NOTICE OF APPEARANCE by Mollie Melissa Kornreich on behalf of Robert F. Kennedy, Jr., Angie Salazar, Lorraine M. Snchez,..(Kornreich, Mollie) (Entered: 03/23/2026)

#7

Mar 23, 2026

RESPONSE TO ORDER TO SHOW CAUSE re: 5 Order to Show Cause,,, Set Deadlines/Hearings,,. Document filed by Robert F. Kennedy, Jr., Angie Salazar, Lorraine M. Snchez,..(Kornreich, Mollie) (Entered: 03/23/2026)

#8

Mar 23, 2026

DECLARATION of Toby Biswas re: 7 Response to Order to Show Cause . Document filed by Robert F. Kennedy, Jr., Angie Salazar, Lorraine M. Snchez,..(Kornreich, Mollie) (Entered: 03/23/2026)

#9

Mar 25, 2026

SCHEDULING ORDER: On March 18, 2026, Petitioner, by his next friend and father, Luis Edgar Vimos Rivera, who is represented by counsel, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. [ECF No. 1]. The Court is now in receipt of Respondents' Memorandum of Law in Opposition to the Petition, [ECF No. 7], and the Declaration of Toby Biswas, Assistant Deputy Director for Policy for the Unaccompanied Alien Children Bureau. [ECF No. 8]. Having carefully reviewed the Petition and the Respondents' filings, IT IS HEREBY ORDERED that Respondents shall file a letter on March 30, 2026, advising the Court of the results of the DNA testing and whether the Office of Refugee Resettlement intends to release Petitioner to Mr. Rivera. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/25/2026) (ar) (Entered: 03/25/2026)

#10

Mar 27, 2026

REPLY MEMORANDUM OF LAW in Support re: 3 Civil Cover Sheet, 1 Petition for Writ of Habeas Corpus, 2 Proposed Order . Document filed by Eithan Gael Vimos Atupana,..(Silberberg, Avi) (Entered: 03/27/2026)

#11

Mar 30, 2026

LETTER addressed to Judge Mary Kay Vyskocil from E.G.V.A. by next friend dated March 30, 2026 re: Habeas Petition. Document filed by Eithan Gael Vimos Atupana,..(Silberberg, Avi) (Entered: 03/30/2026)

#12

Mar 30, 2026

LETTER MOTION for Leave to File Response to Petitioner's March 30 Letter and status update addressed to Judge Mary Kay Vyskocil from Mollie Kornreich dated March 30, 2026. Document filed by Robert F. Kennedy, Jr., Angie Salazar, Lorraine M. Snchez,..(Kornreich, Mollie) (Entered: 03/30/2026)

#13

Mar 31, 2026

ORDER granting 12 Letter Motion for Leave to File Document. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/31/2026) (vfr) (Entered: 03/31/2026)

#14

Apr 01, 2026

LETTER addressed to Judge Mary Kay Vyskocil from Mollie Kornreich dated April 1, 2026 re: Response to Petitioner's March 30, 2026 Letter (ECF No. 11). Document filed by Robert F. Kennedy, Jr., Angie Salazar, Lorraine M. Snchez,..(Kornreich, Mollie) (Entered: 04/01/2026)

#15

Apr 07, 2026

FIRST REPLY MEMORANDUM OF LAW in Support re: 11 Letter To oppose the Habeas Petition being deemed moot. Document filed by Eithan Gael Vimos Atupana,. (Attachments: # 1 Affidavit Exhibit A).(Silberberg, Avi) (Entered: 04/07/2026)

#16

Aug 05, 2026

ORDER DISMISSING AS MOOT PETITION FOR A WRIT OF HABEAS CORPUS: Accordingly, IT IS HEREBY ORDERED that this action is dismissed as moot without prejudice to Petitioner's ability to seek habeas relief from the appropriate court should he be re-detained. The Clerk of Court is respectfully requested to close the case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/5/2026) (sgz) Transmission to Orders and Judgments Clerk for processing.

#17

Aug 11, 2026

CLERK'S JUDGMENT re: 16 Order, in favor of Angie Salazar, Lorraine M. Snchez,, Robert F. Kennedy, Jr. against Eithan Gael Vimos Atupana. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 5, 2026, this action is dismissed as moot without prejudice to Petitioner's ability to seek habeas relief from the appropriate court should he be re-detained; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 8/11/2026) (Attachments: # 1 Appeal Package) (tp)