Eastern District of New York • 1:25-cv-04304

#1

Aug 06, 2025

Petition for Writ of Habeas Corpus

#2

Aug 06, 2025

Filing Fee Received

#3

Aug 06, 2025

Notice of Opportunity to Consent

Aug 06, 2025

NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SH)

Aug 06, 2025

Consent to Jurisdiction by US Magistrate Judge - Declined

Aug 07, 2025

Case Assigned/Reassigned

Aug 07, 2025

Case reassigned to Judge Nina R. Morrison. Chief Mag. Judge Vera M. Scanlon no longer assigned as presider to the case. 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. (DA)

#4

Aug 08, 2025

Scheduling Order

#5

Aug 19, 2025

Notice(Other)

#6

Sep 09, 2025

Order(Other)

#7

Sep 10, 2025

Letter

#8

Sep 11, 2025

Letter

#9

Sep 11, 2025

Extension of Time to File Response/Reply

Sep 11, 2025

ORDER granting in part 9 Motion for Extension of Time to File Response/Reply: Respondent shall file its response to 1 the Petition no later than 9:00 PM on Monday, September 15, 2025. Respondent's response shall include a status update as to whether Petitioner is still being detained at the Metropolitan Detention Center pending his October 7, 2025 asylum hearing.The hearing on 1 the Petition remains scheduled for Thursday, September 18, 2025 at 10:30 AM in Courtroom 6E North of the Brooklyn federal court building, as the Court has already made arrangements for Petitioner to be produced by the U.S. Marshals Service on that date. The Clerk of the Court is respectfully directed to send a copy of this Order to Pierre Hyppolite Grand, 1445 Farmers Blvd, Jamaica, NY 11434 and to Jhon Peter Hyppolite, A#246-408-306, 00294506, MDC P.O. Box 329002, Brooklyn, NY 11232.Ordered by Judge Nina R. Morrison on 9/11/2025. (SRR)

Sep 11, 2025

Order on Motion for Extension of Time to File Response/Reply

#10

Sep 15, 2025

Notice of Appearance

#11

Sep 15, 2025

Letter

#12

Sep 16, 2025

Notice of Appearance

#15

Sep 16, 2025

Notice of Appearance

#16

Sep 16, 2025

Notice of Appearance

#17

Sep 16, 2025

Memorandum in Opposition

#18

Sep 16, 2025

Affidavit/Affirmation

#19

Sep 16, 2025

Letter

Sep 16, 2025

ORDER: On September 15, 2025, the Court received three documents as the government's response to 1 the Petition under the Court's Highly Sensitive Documents Procedure without prior leave of the Court to file those materials under seal. If it has not already done so, the government shall promptly serve, by electronic mail, an unredacted copy of all documents submitted in response to 1 the Petition on Keiana James, Esq. at The Bronx Defenders, whom the government has indicated in its submission has previously entered her appearance on behalf of the petitioner in his removal proceedings. Once it has done so, the government shall, on or before noon today, September 16, 2025, file notice on the public docket confirming said service. The government shall also file, on the public docket, a version of its memorandum of law in opposition to the 1 Petition with any redactions it deems essential by 1:00 PM today, September 16, 2025. Ordered by Judge Nina R. Morrison on 9/16/2025. (SRR)

Sep 16, 2025

Order(Other)

Sep 18, 2025

Status Conference

Sep 18, 2025

Minute Entry for proceedings held before Judge Nina R. Morrison: The Court convened a status conference on 1 the Petition on September 18, 2025 at 2:00 PM. Cassandra Charles, Kevin Siegel, and Marlene Nathalie Berroa Rodriguez from the National Immigration Law Center appeared on behalf of Petitioner Jhon Peter Hyppolite, who also appeared. Assistant United States Attorney Richard K. Hayes appeared on behalf of Respondents. The Court discussed 1 the Petition with the parties. As discussed on the record, the Court granted Petitioner's counsel's oral motion for leave to amend 1 the Petition, which Petitioner filed pro se prior to counsel's appearance. Petitioner shall file the Amended Petition and any supplemental briefing in support of the Petition and replying to 17 18 the government's response to the Petition no later than 9:00 AM on Thursday, September 25, 2025. The Court scheduled (1) a video status conference for Friday, September 26, 2025 at 11:30 AM (in advance of which the Court's deputy will provide counsel with a Zoom link by email) and (2) oral argument on 1 the Petition for Monday, September 29, 2025 at 11:30 AM in Courtroom 6E North of the Brooklyn federal court building, 225 Cadman Plaza East, Brooklyn, NY 11201. (Court Reporter Charleane Heading.) (SRR)

#21

Sep 19, 2025

Letter

#22

Sep 23, 2025

Scheduling Order

Sep 23, 2025

ORDER granting 21 Letter Request to Seal/Restrict Docket by Jhon Peter Hyppolite. The Clerk of the Court is respectfully requested to restrict the following documents to court users, case participants, and public terminal users: 1 PETITION for Writ of Habeas Corpus, 5 NOTICE of Endorsement with Petitioner's signature, 6 ORDER, 9 First MOTION for Extension of Time to File Response/Reply by Pam Bondi, 11 Letter by LaDeon Francis, 17 MEMORANDUM in Opposition filed by LaDeon Francis, 18 AFFIDAVIT/AFFIRMATION in Opposition to Petition by LaDeon Francis, the second electronic order entered on 09/16/2025, and 21 Letter Request to Seal/Restrict Docket by Jhon Peter Hyppolite. Ordered by Judge Nina R. Morrison on 9/23/2025. (FV)

Sep 23, 2025

Order(Other)

#23

Sep 25, 2025

Petition for Writ of Habeas Corpus

#24

Sep 25, 2025

Reply in Support

#25

Sep 26, 2025

Letter

Sep 27, 2025

Status Conference

Sep 27, 2025

Minute Entry for proceedings held before Judge Nina R. Morrison: The Court convened a status conference, via video, on 1 the Petition on September 26, 2025 at 11:30 AM. Cassandra Charles, Kevin Siegel, and Marlene Nathalie Berroa Rodriguez from the National Immigration Law Center appeared on behalf of Petitioner Jhon Peter Hyppolite, who also appeared. Assistant United States Attorney Richard K. Hayes appeared on behalf of Respondents. As discussed on the record, if Respondents choose to file a sur-reply regarding 1 the Petition, Respondents shall do so no later than 6:00 PM on September 27, 2025. As further discussed on the record, the parties shall confer and either jointly or independently recommend to the Court which documents or exhibits should be sealed on the docket and which documents may remain on the public docket, with proposed redactions. The Court will convene its hearing on 1 the Petition as scheduled on Monday, September 29, 2025 at 11:30 AM in-person, in Courtroom 6E North of the Brooklyn federal court building, 225 Cadman Plaza East, Brooklyn, NY 11201. (Court Reporter Andronikh Barna.) (SRR)

#26

Sep 29, 2025

Order(Other)

Sep 29, 2025

Minute Entry for proceedings held before Judge Nina R. Morrison: The Court convened a hearing and oral argument on 23 the Amended Petition for a Writ of Habeas Corpus on September 29, 2025 at 11:30 AM. Cassandra Charles, Kevin Siegel, and Marlene Nathalie Berroa Rodriguez from the National Immigration Law Center appeared on behalf of Petitioner Jhon Peter Hyppolite, who also appeared. Assistant United States Attorney Richard K. Hayes appeared on behalf of Respondents. After argument, the Court issued an oral ruling granting 23 the application for a writ of habeas corpus, ordering Respondents to immediately release Petitioner from custody, and further ordering that Petitioner not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral magistrate, at which the government will bear the burden of showing that his detention is authorized pursuant to 8 U.S.C § 1226(a). The Court entered a short written order regarding the above, filed by the Court at ECF No. 26, and informed the parties that it may follow its oral ruling with a written memorandum opinion. As discussed on the record, if either party wishes to file a motion for reconsideration of any portion of the Court's ruling, it shall do so no later than October 16, 2025. Counsel for Petitioner may file an application for attorney's fees within the time provided by the Local Rules and may seek an extension of that deadline. (Court Reporter Michele Lucchese.) (SRR)

Sep 29, 2025

Docket Call

#27

Oct 01, 2025

Mail Returned

#28

Oct 06, 2025

MEMORANDUM AND OPINION: As stated on the record on September 29, 2025, Hyppolite's 23 Amended Petition for a writ of habeas corpus under 28 U.S.C. § 2241 is GRANTED. The attached order memorializes and sets forth the grounds for the Cour t's ruling in greater detail.At the hearing on September 29, 2025, the Court ordered Respondents to immediately release Hyppolite from custody, and was later informed by Respondents' counsel that he was released that same day. The Court further orders that Hyppolite shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a).Ordered by Judge Nina R. Morrison on 10/6/2025. (AH)