Northern District of New York • 9:26-cv-00439

#1

Mar 17, 2026

PETITION for Writ of Habeas Corpus, filed by Freddy Aucatoma Aldaz. (Attachments: # 1 Civil Cover Sheet, # 2 Next Friend Letter, # 3 Envelope)(DMK) [Transferred from New York Western on 3/19/2026.] (Entered: 03/18/2026)

#2

Mar 17, 2026

MOTION for Temporary Restraining Order by Freddy Aucatoma Aldaz. (DMK) [Transferred from New York Western on 3/19/2026.] (Entered: 03/18/2026)

Mar 17, 2026

Filing fee: $ 5.00, receipt number 100009184. (DMK) Modified payment date on 3/18/2026 (DMK). [Transferred from New York Western on 3/19/2026.]

Mar 17, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms.Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to next friend, Liliana del Rocio Caraguay Solorzano,339 Doat St., Buffalo, NY 14211. (DMK) [Transferred from New York Western on 3/19/2026.]

#3

Mar 19, 2026

TEXT ORDER. On March 17, 2026, pro se Petitioner Freddy Aucatoma Aldaz filed a petition for habeas corpus, pursuant to 28 U.S.C. § 2241, through a "next friend," alleging that he is being unlawfully detained by U.S. Immigration and Customs Enforcement ("ICE") at Broome County Correctional Facility ("BCCF"). Petitioner also filed a motion for a temporary restraining seeking to enjoin his transfer from the location of his current confinement. ECF No. 2. Petitioner alleges that BCCF is in Broome County and that Broome County is within the jurisdiction of the Northern District of New York ("Northern District"). ECF No. 1 at 1; See 28 U.S.C. § 112(a) (stating that Broome County is within the jurisdiction of the Northern District). Additionally, Petitioner directed the petition, a letter confirming payment of the filing fee, an affidavit of "next friend," and the TRO to the Northern District. Nevertheless, the petition and TRO were mailed to this District.Because it appears that Petitioner is detained at BCCF, in Broome County, the appropriate venue for this habeas corpus proceeding is the Northern District. See Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004) ("Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should... file the petition in the district of confinement.") (citations omitted); Ozturk v. Hyde, 136 F.4th 382, 390 (2d Cir. 2025). Accordingly, in the interests of justice, the Clerk of Court shall transfer this case to the Northern District as soon as possible. See 28 U.S.C. §§ 1404(a), 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). The Clerk is directed to mail a copy of this text order to Petitioner's next friend at the address on record. SO ORDERED. Signed by Hon. Meredith A. Vacca on 3/19/2026. (MVP)Clerk to Follow up [Transferred from New York Western on 3/19/2026.] (Entered: 03/19/2026)

#4

Mar 19, 2026

Case transferred in from District of New York Western; Case Number 6:26-cv-06306. electronically transferred when case opened (Entered: 03/19/2026)

#5

Mar 19, 2026

ORDER TO SHOW CAUSE: ORDERS that Respondent appear before the United States District Court for the Northern District of New York, located at 445 Broadway, Albany, New York 12207, Courtroom 6, on Thursday, April 2, 2026, at 1:00 p.m. and SHOW CAUSE why the Petition should not be granted. ORDERS that Respondent file a response to the Petition no later than Tuesday, March 24, 2026. ORDERS that Petitioner shall have the opportunity to file a reply by Friday, March 27, 2026. ORDERS that Respondent is enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved. ORDERS that the Clerk shall serve a copy of this Order, the Petition, and the Motion upon the United States Attorney's Office for the Northern District of New York. Signed by U.S. District Judge Anne M. Nardacci on March 19, 2026. (Attachments: # 1 copy of petition, # 2 copy of motion){served as directed}(nas) (Entered: 03/19/2026)

Mar 19, 2026

Order Setting Hearing on Motion

Mar 19, 2026

Case transferred to the Northern District of New York. (JHF) [Transferred from New York Western on 3/19/2026.]

Mar 19, 2026

Clerk mailed copy of 3 Text Order to Petitioner at: Freddy Aucatoma Aldaz, 235487929, BROOME COUNTY CORRECTIONAL FACILITY, 155 Lt. Van Winkle Drive, Binghamton, NY 13905 and Petitioner's "Next Friend" at: Liliana del Rocio Caraguay Solorzano, 332 Doat Street, Buffalo, NY 142110-2145. (JHF) [Transferred from New York Western on 3/19/2026.]

Mar 20, 2026

The # 5 Order to Show Casue was sent to petitioner and the next friend via regular mail on 3/20/2026. (meb)

#6

Mar 23, 2026

Supplemental Documentation in support of the # 1 Petition filed by next friend Liliana del Rocio Caraguay Solorzano. (meb) (Entered: 03/23/2026)

#7

Mar 24, 2026

NOTICE OF APPEARANCE by Karen Folster Lesperance on behalf of ICE Field Office Director (Folster Lesperance, Karen) (Entered: 03/24/2026)

#8

Mar 24, 2026

NOTICE OF APPEARANCE by David M. Katz on behalf of ICE Field Office Director (Katz, David) (Entered: 03/24/2026)

#9

Mar 24, 2026

RESPONSE to Petition for Writ of Habeas Corpus by ICE Field Office Director. (Attachments: # 1 Exhibit(s) "A" to Response (I-213), # 2 Exhibit(s) "B" to Response (I-862), # 3 Exhibit(s) "C" to Response (Response from Perdomo Perez))(Katz, David) (Entered: 03/24/2026)

#10

Mar 24, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director re 9 Response to Habeas Petition, 9-1, 9-2, and 9-3, along with Appendix of Unreported Cases, Unreported Cases, and Notices of Appearance of Karen Folster Lesperance and David M. Katz (Katz, David) (Entered: 03/24/2026)

#11

Mar 27, 2026

Order AND ~Util - Set Deadlines

#12

Mar 27, 2026

STATUS REPORT pursuant to Dkt. #11 by ICE Field Office Director. (Katz, David) (Entered: 03/27/2026)

#13

Mar 27, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director for Dkt. # 12 pursuant to Dkt. # 11 (Katz, David) (Entered: 03/27/2026)

#14

Mar 27, 2026

STATUS REPORT supplementing Dkt. # 12 by ICE Field Office Director. (Katz, David) (Entered: 03/27/2026)

#15

Mar 27, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director re 14 Status Report supplementing Dkt. # 12 (Katz, David) (Entered: 03/27/2026)

#16

Mar 30, 2026

Letter regarding releasing petitioner filed by next friend Liliana del Rocio Caraguay Solrzano. (Mailing envelope included) (meb) (Entered: 03/31/2026)

#17

Apr 07, 2026

Order

#18

Apr 07, 2026

Judgment

#19

Apr 16, 2026

Mail Returned as Undeliverable. Dkt. No. 11 Order was sent to Aldaz at address of Broome County Correctional Facility. Envelope indicates "return to sender - not in custody". (nas) (Entered: 04/16/2026)