Northern District of New York • 9:26-cv-00476

#1

Mar 24, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 - receipt no: 300000054) filed by Samy Mejia-Herrera. (Attachments: # 1 civil cover sheet; cover ltr, # 2 envelope)(nas) (Entered: 03/24/2026)

#2

Mar 24, 2026

EMERGENCY MOTION for Temporary Restraining Order/Preliminary Injunction filed by Samy Mejia-Herrera.(nas ) (Entered: 03/24/2026)

#3

Mar 24, 2026

TEXT ORDER directing the Clerk to serve copies of this Text Order and the Petition upon the United States Attorney for the Northern District of New York; and it is ORDERED that Respondents shall file and serve an answer to the Petition within fourteen (14) days of the date of this Text Order (4/7/26); and it is ORDERED that Petitioner may, but is not required to, file a reply within seven (7) days of the filing date of Respondents' answer. Respondents are ENJOINED from transferring Petitioner outside of the Northern District of New York without prior leave of Court. The Court will determine whether a hearing is necessary upon review of Respondents' answer and, if filed, Petitioner's reply. Signed by U.S. District Judge Mae A. D'Agostino on 03/24/2026. (Copies served upon other agencies as directed)(ban) (Entered: 03/24/2026)

#4

Mar 31, 2026

NOTICE OF APPEARANCE by Karen Folster Lesperance on behalf of ICE Field Office Director (Folster Lesperance, Karen) (Entered: 03/31/2026)

#5

Mar 31, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director re 4 Notice of Appearance (Folster Lesperance, Karen) (Entered: 03/31/2026)

#6

Apr 07, 2026

Letter Request/Motion

#7

Apr 07, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director re 6 Letter Motion from Karen Folster Lesperance, AUSA for ICE Field Office Director requesting dismissal of Petition as moot submitted to Judge D'Agostino (Folster Lesperance, Karen) (Entered: 04/07/2026)

#8

Apr 14, 2026

Letter Request/Motion

#9

Apr 17, 2026

TEXT ORDER: The Court is in receipt of Petitioner's letter motion, see Dkt. No. 8, requesting to withdraw his petition for writ of habeas corpus, see Dkt. No. 1, and the Government's letter motion asking the Court to dismiss the petition as moot, see Dkt. No. 6 . Both parties acknowledge that after Petitioner filed his habeas corpus petition, he agreed to depart the United States voluntarily under 8 U.S.C. § 1229c and withdrew his application for asylum. See id. at 1; Dkt. No. 8 at 1. Because numerous courts inside and outside this circuit have applied Federal Rule of Civil Procedure 41 to habeas corpus petitions, the Court treats Petitioner's motion to withdraw the petition as a motion for voluntary dismissal under Rule 41. See, e.g., Ballard v. Madden, 73 Fed. Appx. 519, 520 (2d Cir. 2003) (summary order) (discussing a district court's application of Rule 41(a)(1) to an immigration-related habeas corpus petition); Toolasprashad v. Schult, No. 9:10-CV-1050, 2011 WL 3157290, *1 (N.D.N.Y. July 26, 2011) (construing a request to withdraw a pro se habeas corpus petition as a Rule 41(a)(2) motion); United States v. Harrell, No. 16-CV-4707, 2020 WL 209000, *2-3 (S.D.N.Y. Jan. 14, 2020); King v. Kelley, No. 5:17-CV-134, 2017 WL 3842364, *1 (E.D. Ark. Aug. 14, 2017), R. & R. adopted, 2017 WL 3842335 (E.D. Ark. Aug. 31, 2017) (citing Williams v. Clarke, 82 F.3d 270, 272 (8th Cir. 1996)); Pellegrini v. Garrett, No. 2:01-CV-1382, 2021 WL 2916925, *4 (D. Nev. July 12, 2021); Doyle v. Flores, No. 24-CV-2228, 2025 WL 4475858, *2 (D. Colo. Feb. 13, 2025), R. & R. adopted, 2025 WL 4475859 (D. Colo. Mar. 10, 2025). Both parties consent to the dismissal and neither party claims to be prejudiced by the dismissal. See Dkt. No. 6 at 1; Dkt. No. 8 at 1. Thus, the petition (Dkt. No. 1) is DISMISSED without prejudice pursuant to Rule 41(a). See Fed. R. Civ. P. 41(a). Petitioner's motion to withdraw the petition (Dkt. No. 8) and the Government's motion to dismiss the petition as moot (Dkt. No. 6) are both GRANTED. The Court expresses no opinion on the merits of the petition. The Court's temporary restraining order prohibiting Respondents from transferring Petitioner outside the Northern District of New York (Dkt. No. 3) is hereby DISSOLVED. The Court directs the Clerk of the Court to serve a copy of this Text Order upon the parties and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 4/17/26. (ban) Modified on 4/17/2026 - (copy mailed to petitioner) (ban). (Entered: 04/17/2026)

Apr 17, 2026

Order on Letter Request AND Order on Letter Request AND Order on Motion for Preliminary Injunction AND Order on Motion for TRO