Eastern District of New York • 1:26-cv-01793

#1

Mar 26, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20045497, filed by H.J. S.A.. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit 1 - NTA, # 3 Exhibit 2 - ICE Custody Determination, # 4 Exhibit 3 - Order of Release, # 5 Exhibit 4 - ICE Detainee Locator, # 6 Exhibit 5 - Maimonides Medical Center Discharge Instructions, # 7 Exhibit 6 - DFAS Appointment Scheduled, # 8 Exhibit 7 - Emails Requesting Attorney Access, # 9 Exhibit 8 - Quito First Declaration, # 10 Exhibit 9 - Second Quito Declaration, # 11 Exhibit 10 - DFAS Second Appointment Scheduled, # 12 Exhibit 11 - DFAS Appointment Cancellation) (Giustini, Tosca) (Entered: 03/26/2026)

#2

Mar 26, 2026

Civil Cover Sheet.. by H.J. S.A. (Giustini, Tosca) (Entered: 03/26/2026)

#3

Mar 26, 2026

Notice: Case Requires Newly Updated Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed JS-44 (Revised 3/23/2026-Effective 3/24/2026) Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. A COPY OF THIS FORM IS ATTACHED TO THIS DOCKET and The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 3/23/2026-Effective 3/24/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM) (Entered: 03/26/2026)

#4

Mar 26, 2026

Civil Cover Sheet.. by H.J. S.A. (Giustini, Tosca) (Entered: 03/26/2026)

Mar 26, 2026

Notice: Missing Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet (Revised 3/23/2026-Effective 3/24/2026) Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SDM)

Mar 26, 2026

Notice: Re: Incomplete Civil Cover Sheet

#5

Mar 27, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 03/27/2026)

#6

Mar 27, 2026

NOTICE of Appearance by Varuni Nelson on behalf of All Defendants (notification declined or already on case) (Nelson, Varuni) (Entered: 03/27/2026)

#7

Mar 27, 2026

NOTICE of Appearance by Varuni Nelson on behalf of LaDeon Francis, Todd Lyons, Markwayne Mullin (aty to be noticed) (Nelson, Varuni) (Entered: 03/27/2026)

#8

Mar 27, 2026

Temporary Restraining Order

Mar 27, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by H. J. S. A. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on April 1, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should also address whether the petition is controlled by this Court's opinion in Ye v. Maldonado, No. 25-CV-6417, 2025 WL 3521298 (E.D.N.Y. Dec. 8, 2025), and Judge Gonzalez's opinion in O.F.B. v. Maldonado, No. 25-CV-6336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 2025). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property.If the government files a response, the petitioner may file a reply by 11:00 a.m. on April 3, 2026, with proof of service to the Clerk of Court.To preserve the Court's jurisdiction pending a ruling on the petition, the petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025), ECF No. 3 (collecting cases in support of enjoining transfer of petitioner outside of New York City area).Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney. Ordered by Judge Ann M. Donnelly on 3/27/2026. (EHS)

Mar 27, 2026

Case Assigned to Judge Ann M. Donnelly. 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. (SDM)

Mar 27, 2026

Order to Show Cause (463)

Mar 27, 2026

Case Assigned/Reassigned

Mar 27, 2026

Scheduling Order

#9

Mar 30, 2026

Letter

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Mar 30, 2026

Letter

#11

Mar 31, 2026

Letter by H.J. S.A. (Giustini, Tosca) (Entered: 03/31/2026)

Mar 31, 2026

ORDER granting in part and denying in part 8 Motion for TRO. The petitioner's counsel requests that the Court order the respondents immediately to facilitate a call or visit between the petitioner and his counsel and order the petitioner's release from custody. (ECF No. 8-1 at 8.) The petitioner has been detained for over a month. (Id. at 2.) His counsel, who has represented him for over three weeks, has not been able to speak with him. (ECF No. 11.) Counsel has made multiple attempts to communicate with him, including four times through the ERO eFile portal, calling the detention center where the petitioner was held, emailing ICE, and calling the medical center where the petitioner was being treated. (ECF No. 8-1 at 4.) Most recently, the petitioner had an appointment scheduled for March 31, 2026 with his counsel, but the appointment was cancelled. (ECF No. 11.) To obtain a temporary restraining order that affects government action "the moving party must demonstrate: (1) irreparable injury in the absence of an injunction; (2) a likelihood of success on the merits; and (3) that the public interest weighs in favor of and will not be disserved by the injunction." Gazzola v. Hochul, 645 F. Supp. 3d 37, 50 (N.D.N.Y. 2022), aff'd, 88 F.4th 186 (2d Cir. 2023). "When an alleged deprivation of a constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary." Mitchell v. Cuomo, 748 F.2d 804, 806 (2d Cir. 1984) (citation omitted). The Fifth Amendment "indisputably affords [a noncitizen] the right to counsel of his or her own choice at his or her own expense." Valarezo-Tirado v. Att'y Gen. of United States, 21 F.4th 256, 264 (3d Cir. 2021). The petitioner's inability to communicate with his counsel is a violation of his right to counsel. Thus, the petitioner has shown irreparable harm. The petitioner is also likely to succeed on the merits of his underlying petition for the reasons stated in Ye v. Maldonado, No. 25-CV-6417, 2025 WL 3521298 (E.D.N.Y. Dec. 8, 2025), and in Judge Hector Gonzalez's decision in O.F.B. v. Maldonado, No. 25-CV-6336, 2025 WL 3277677 (E.D.N.Y. Nov. 25, 2025). Finally, the "public interest is best served by ensuring the constitutional rights of persons within the United States are upheld." Sajous v. Decker, No. 18-CV-2447, 2018 WL 2357266, at *13 (S.D.N.Y. May 23, 2018). Accordingly, the petitioner's request to facilitate communication with counsel is granted, and the respondents are directed to facilitate a call or visit immediately between the petitioner and his counsel, and to file a status letter by 5:00 p.m. on April 1, 2026.However, the petitioner's request for release from custody is denied. This is the same relief the petitioner requests in his petition, and the Court set expedited deadlines for the parties to brief the issues raised in the petition. Thus, the Court will address this request for relief once the parties have briefed those issues. Ordered by Judge Ann M. Donnelly on 3/31/2026. (EHS)

Mar 31, 2026

Order on Motion for TRO