Southern District of New York • 1:26-cv-02672

#1

Mar 31, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Alex Markino Oldacre..(kgo) (Entered: 04/01/2026)

#2

Apr 01, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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 Laura Taylor Swain on 3/18/2024) (kgo) (Entered: 04/01/2026)

#3

Apr 01, 2026

ORDER: The parties are directed to appear, by phone, for a conference in connection with the petitioner's petition for a writ of habeas corpus on Wednesday, April 1, 2026, at 3:00 p.m. Dial-in: 646-453-4442, with access code 67527833#. SO ORDERED. (Signed by Judge John G. Koeltl on 4/1/2026) ( Telephone Conference set for 4/1/2026 at 03:00 PM before Judge John G. Koeltl.) (ks) (Entered: 04/01/2026)

#4

Apr 01, 2026

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Accordingly, within 30 days of the date of this order, Petitioner or his next friend must pay the $5.00 filing fee or submit a completed and signed IFP application. If an IFP application is filed, it should be labeled with docket number 26-CV-2672 (JGK). If the Court grants the IFP application, this action will proceed without prepayment of the fee. See 28 U.S.C. § 1915(a)(1). If Petitioner and his next friend fail to comply with this order within the time allowed, and do not request additional time to respond, the Court will dismiss this action without prejudice. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet. Petitioner's next friend may consent to accept service of documents by email, instead of regular mail, by completing the form, Consent to Electronic Service. SO ORDERED. Filing Fee due by 5/1/2026. In Forma Pauperis (IFP) Application due by 5/1/2026. (Signed by Judge John G. Koeltl on 4/1/2026) (ks) (Entered: 04/01/2026)

#5

Apr 01, 2026

ORDER: As discussed in the telephone conference held today, the respondents shall submit their response to the petitioner's habeas corpus petition (ECF No.l) by April 7, 2026. The petitioner shall reply by April 14, 2026. Pending a decision on the habeas petition or any amended petition, the petitioner shall not be transferred outside the Southern or Eastern District of New York or the District of New Jersey. The petitioner or his best friend may consider contacting the City Bar Justice Center's Federal Pro Se Legal Assistance Project in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this Court. The clinic is run by a private organization; it is not part of, or run by, the Court. An informational flyer regarding the clinic is attached to this Order. The Clerk is respectfully directed to mail a copy of this Order to the petitioner and the petitioner's best friend, Amoy Scarlett, at 2938 West 16th St. Apt. 229, Brooklyn, NY 11224, and note the mailing on the docket. SO ORDERED. Paul Aretea answer due 4/7/2026; Pamela Bondi answer due 4/7/2026; Executive Office For Immigration Review answer due 4/7/2026; LaDeon Francis answer due 4/7/2026; Todd Lyons answer due 4/7/2026; Kristi Noem answer due 4/7/2026. (Replies due by 4/14/2026.) (Signed by Judge John G. Koeltl on 4/1/2026) (mml) (Entered: 04/02/2026)

Apr 01, 2026

Case Designated ECF. (kgo)

Apr 01, 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..(kgo)

Apr 01, 2026

Magistrate Judge Gary Stein 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. (kgo)

Apr 01, 2026

Note Regarding Service on Self-Represented Party

#6

Apr 02, 2026

NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Paul Aretea, Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie) (Entered: 04/02/2026)

Apr 02, 2026

MAILING RECEIPT: Document No: 2-5. Mailed to: AlexMarkino Oldacre Orange County Correctional Facility 110 Wells Farm Rd Goshen, NY 10924. (nb)

Apr 02, 2026

Mailing Receipt

Apr 02, 2026

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 4/2/2026. (Fletcher, Donnie)

Apr 02, 2026

Telephone Conference

Apr 03, 2026

Pro Se Payment of Fee - Processed

Apr 03, 2026

Pro Se Payment of Fee Processed: $5.00 Cash processed by the Finance Department on 4/3/2026, Receipt Number 47960. (ss)

#7

Apr 06, 2026

Notice of Appearance of Pro Bono Counsel

#8

Apr 07, 2026

Response (non-motion)

#9

Apr 07, 2026

Response (non-motion)

#10

Apr 07, 2026

Declaration in Support (non-motion)

#11

Apr 07, 2026

Memorandum of Law in Support (non-motion)

#12

Apr 10, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Nicholas Rogers on behalf of Alex Markino Oldacre.(Rogers, Nicholas)

#13

Apr 13, 2026

LETTER MOTION for Extension of Time to File Response/Reply as to [11] Memorandum of Law in Support, addressed to Judge John G. Koeltl from Nicholas Rogers dated April 13, 2026. Document filed by Alex Markino Oldacre..(Rogers, Nicholas)

#14

Apr 13, 2026

ORDER granting [13] Letter Motion for Extension of Time to File Response/Reply re [13] LETTER MOTION for Extension of Time to File Response/Reply as to [11] Memorandum of Law in Support, addressed to Judge John G. Koeltl from Nicholas Rogers dated April 13, 2026. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2026) Replies due by 4/14/2026. (ks)

#15

Apr 20, 2026

LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Nicholas Rogers dated April 20, 2026. Document filed by Alex Markino Oldacre..(Rogers, Nicholas)

#16

Apr 21, 2026

ORDER granting [15] Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/21/2026) (ks)

#17

Apr 22, 2026

REPLY MEMORANDUM OF LAW in Support re: [11] Memorandum of Law in Support, . Document filed by Alex Markino Oldacre..(Rogers, Nicholas)

#18

Apr 22, 2026

DECLARATION of Amoy Scarlett in Support re: [17] Reply Memorandum of Law in Support. Document filed by Alex Markino Oldacre..(Rogers, Nicholas)

#19

Apr 22, 2026

DECLARATION of Nicholas Rogers in Support re: [17] Reply Memorandum of Law in Support. Document filed by Alex Markino Oldacre. (Attachments: (1) Exhibit 1, (2) Exhibit 2, (3) Exhibit 3).(Rogers, Nicholas)

#20

Apr 22, 2026

APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Alex Markino Oldacre. (jjc) (Entered: 04/22/2026)

#21

Apr 24, 2026

ORDER, The Government should submit a sur-reply brief by April 30, 2026. SO ORDERED. ( Surreplies due by 4/30/2026.) (Signed by Judge John G. Koeltl on 4/23/26) (yv)

#22

Apr 28, 2026

LETTER MOTION for Extension of Time to file sur-reply addressed to Judge John G. Koeltl from Leslie A. Ramirez-Fisher dated 4-28-26. Document filed by Paul Aretea, Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie)

#23

Apr 28, 2026

ORDER granting [22] Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/28/2026) (ks)

Apr 28, 2026

Set/Reset Deadlines: Surreplies due by 5/4/2026. (ks)

#24

May 04, 2026

REPLY MEMORANDUM OF LAW in Support re: [8] Response, . Document filed by Paul Aretea, Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie)

#25

May 07, 2026

ORDER: The parties are directed to appear for oral argument on Mr. Oldacre's petition for a writ of habeas corpus on Thursday, May 14, 2026, at 3:00 p.m., in Courtroom 14A, 500 Pearl Street, New York, New York, 10007. SO ORDERED. Oral Argument set for 5/14/2026 at 03:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 5/6/2026) (mml)

#26

May 19, 2026

MEMORANDUM OPINION AND ORDER: The Court has considered all of the parties' arguments. To the extent not addressed specifically, those arguments are either moot or without merit. For the foregoing reasons, the petition is denied without prejudice. SO ORDERED. (Signed by Judge John G. Koeltl on 5/19/2026) (ks)

May 19, 2026

Transmission to Orders and Judgments Clerk. Transmitted re: 26 Memorandum & Opinion,, to the Orders and Judgments Clerk..(ks)

#27

May 20, 2026

CLERK'S JUDGMENT re: [26] Memorandum & Opinion, in favor of Executive Office For Immigration Review, Kristi Noem, LaDeon Francis, Pamela Bondi, Paul Aretea, Todd Lyons against Alex Markino Oldacre. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 19, 2026, the Court has considered all of the parties' arguments. To the extent not addressed specifically, those arguments are either moot or without merit. For the foregoing reasons, the petition is denied without prejudice. (Signed by Clerk of Court Tammi M Hellwig on 5/20/2026) (Attachments: (1) Appeal Package) (tp)