Eastern District of New York • 2:26-cv-01873

#1

Mar 30, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20057256, filed by J. Q.A.. Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: # 1 Affidavit Hussain Declaration, # 2 Exhibit Exh. A - Notice to Appear, # 3 Exhibit Exh. B - ICE Memo, # 4 Exhibit Exh. C - BIA Receipt Notice) (Manalastas, Jordan) Modified on 3/30/2026 (LJ). (Entered: 03/30/2026)

#2

Mar 30, 2026

Civil Cover Sheet.. by J. Q.A. (Manalastas, Jordan) (Entered: 03/30/2026)

#3

Mar 30, 2026

Proposed Summons. by J. Q.A. (Manalastas, Jordan) (Entered: 03/30/2026)

#4

Mar 30, 2026

MOTION for Leave to File Document to Proceed Using Initials and to Redact Certain Identifying Information by J.Q.A.. (Attachments: # 1 Proposed Order Proposed Order on Motion to Proceed Using Initials, # 2 Memorandum in Support Memo of law in support of motion) (Manalastas, Jordan) (Entered: 03/30/2026)

#5

Mar 30, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 03/30/2026)

#6

Mar 30, 2026

Proposed Summons. by J.Q.A. (Manalastas, Jordan) (Entered: 03/30/2026)

Mar 30, 2026

Your proposed summons was not issued for one of the following reasons: The full case caption as it appears on the Petition must also appear on the summons. If it does not fit on the first page of the summons, you may attach a rider with the full caption. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ)

Mar 30, 2026

Case Assigned to Judge LaShann DeArcy Hall. 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. (LJ)

Mar 30, 2026

Case Assigned/Reassigned

Mar 30, 2026

Quality Control Check - Summons

#7

Mar 31, 2026

Summons Issued as to Judith Almodovar, Pamela Bondi, Raul Maldonado, Jr, Daren K. Margolin, Markwayne Mullin, U.S. Attorney and U.S. Attorney General. (MLR) (Entered: 03/31/2026)

#8

Mar 31, 2026

AFFIDAVIT of Service for Petition for Writ of Habeas Corpus, Accompanying Exhibits, Civil Cover Sheet, Summons, and Judge's Rules served on Raul Maldonado, Jr., Warden of MDC; Judith Almodovar, ICE-ERO NY Field Office Director; Markwayne Mullin, Secretary of DHS; Pamela Bondi, AG; Daren K Margolin, EOIR Director; US Attorney's Office for EDNY on 3/31/26, filed by J.Q.A.. (Manalastas, Jordan) (Entered: 03/31/2026)

#9

Apr 02, 2026

Proposed Scheduling Order

#10

Apr 02, 2026

Notice of Appearance

Apr 02, 2026

Order to Show Cause (463)

#11

Apr 03, 2026

Extension of Time to File Answer

Apr 03, 2026

Order on Motion for Extension of Time to Answer

#12

Apr 06, 2026

Response to Order to Show Cause

Apr 08, 2026

Order(Other)

Apr 08, 2026

ORDER: The Court is in receipt of Respondents' letter 12, in which Respondents concede that the Court's rulings on the petitions in Caivanagua Sanchez v. Genalo, et al., No. 26-cv-476 (E.D.N.Y. Jan. 28, 2026), Estrada Alfaro v. Genalo, No. 26-cv-761 (E.D.N.Y. Feb. 10, 2026), and Singh v. Genalo, No. 26-cv-937 (E.D.N.Y. Feb. 17, 2026) "would control the result in [the present] case." In Caivanagua Sanchez, Estrada Alfaro, and Singh, the Court rejected the respondents' arguments that the petitioners were lawfully detained pursuant to 8 U.S.C. § 1225. Instead, the Court held that the petitioners were detained pursuant to 8 U.S.C. § 1226(a) because, among other things, the Court was not persuaded that the respondents sustained their burden in proving that the petitioners were "seeking admission" to the United States at the time they were detained. This finding, as Respondents' acknowledge, was the "central legal issue[]" in those petitions as it is here. And, as Respondents concede, the facts here are "materially indistinguishable" to the facts of Caivanagua Sanchez, Estrada Alfaro, and Singh. As such, the Court finds that Petitioner's detention was governed by 8 U.S.C. § 1226(a). Pursuant to 8 U.S.C. § 1226(a), Petitioner was entitled to an individualized custody determination. Petitioner did not receive one. And, in view of the considerations set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), Respondents' failure to provide Petitioner with a pre-detention process, notice, or opportunity to respond was in contravention of Petitioner's due process rights guaranteed under the United States Constitution. For these reasons, and as will be set forth more fully in the forthcoming memorandum and order in Estrada Alfaro and Singh, respectively, the instant petition 1 for a writ of habeas corpus (the Petition) is GRANTED in part. Specifically, the Court grants Count Two of the Petition on the grounds that Petitioner was denied due process in violation of the Fifth Amendment of the United States Constitution. Accordingly, Respondents are directed to immediately release Petitioner from United States Immigration and Customs Enforcement ("ICE") detention and file a status letter confirming such. The Court reserves determination on Petitioner's remaining claims. Ordered by Judge LaShann DeArcy Hall on 4/8/2026. (CG)