Southern District of New York • 1:26-cv-02527

#1

Mar 27, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 47804) Document filed by Edwin M. Fortunato Tapia..(nb) (Entered: 03/27/2026)

#2

Mar 27, 2026

CIVIL COVER SHEET filed..(nb) (Entered: 03/27/2026)

#3

Mar 27, 2026

PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Yageluis Moronta consents to receive electronic service via the ECF system. Document filed by Yageluis Moronta..(nb) (Entered: 03/27/2026)

#4

Mar 27, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Vernon S. Broderick on 3/18/2024) (nb) (Entered: 03/27/2026)

#5

Mar 27, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's Habeas Petition, it is hereby ORDERED that: To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. Petitioner shall not be transferred 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 in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings. Respondents shall file a letter by March 30, 2026, indicating: (1) under what statutory provision Petitioner is being detained under; (2) whether Petitioner was located in the Southern District of New York at the time that the Petition was filed, as Petitioner alleges; (3) whether this case is distinguishable from my decisions in Sidqui v. Almodovar, No. 25-CV-9349, 2026 WL 251929 (S.D.N.Y. Jan. 30, 2026), Han v. Noem, No. 25-CV-1075, 2026 WL 322963 (S.D.N.Y. Feb. 6, 2026), and the majority of cases in this District that have held that 8 U.S.C. § 1226(a), or the discretionary detention statute, applies to noncitizens currently present in the country rather than the mandatory detention statute of 8 U.S.C. § 1225(b); and (4) whether additional briefing is needed and a proposed expedited briefing schedule. The parties shall also attend an initial telephonic case conference on March 31, 2026 at 3:00 p.m. ET. The dial-in number is 1-855-244-8681 and the access code is 2309 3085 835. There is no attendee ID. By March 30, 2026, Petitioner is directed to serve Respondents with a copy of the Habeas Petition and accompanying papers, along with a copy of this Order and promptly file proof of such service on the docket. In the meantime, the Habeas Petition and this Order will be emailed to the Civil Division of the U.S. Attorney's Office for the Southern District of New York at the following email address: Jeffrey.Oestericher@usdoj.gov. (Initial Conference set for 3/31/2026 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/27/2026) (rro) (Entered: 03/27/2026)

Mar 27, 2026

Case Designated ECF. (nb)

Mar 27, 2026

Magistrate Judge Sarah Netburn 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. (nb)

Mar 27, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(nb)

Mar 27, 2026

Note Regarding Service on Self-Represented Party

#6

Mar 30, 2026

Letter

Mar 30, 2026

Mailing Receipt

Mar 30, 2026

MAILING RECEIPT: Document No: 4,5. Mailed to: Edwin M. FortunatoTapia 202600384 Orange County Correctional Facility 110 Wells Farm Road Goshen, NY 10924. (anc)