Eastern District of New York • 1:26-cv-01948

#1

Apr 01, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20069101, filed by Alan Sotomayor-Mideros. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C) (Christiani, Nora) (Entered: 04/01/2026)

#2

Apr 02, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 04/02/2026)

#3

Apr 02, 2026

NOTICE of Appearance by Kimberly Francis on behalf of Judith Almodovar, Pamela Bondi, Raul Maldonado, Markwayne Mullin (aty to be noticed) (Francis, Kimberly) (Entered: 04/02/2026)

#4

Apr 02, 2026

MOTION to Reassign Case in light of habeas action previously brought by Petitioner and currently pending before the Honorable LaShann DeArcy Hall (Case No. 26-cv-1544) by Judith Almodovar, Pamela Bondi, Raul Maldonado, Markwayne Mullin. (Francis, Kimberly) (Entered: 04/02/2026)

Apr 02, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re 1 Petition for Writ of Habeas Corpus. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on April 7, 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 opinions in R.P.L. v. Maldonado, No. 25-CV-6886, 2025 WL 3731864 (E.D.N.Y. Dec. 26, 2025) and/or 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 9, 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 4/2/2026. (CM)

Apr 02, 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. (CV)

Apr 02, 2026

Order to Show Cause (463)

Apr 02, 2026

Case Assigned/Reassigned

Apr 06, 2026

Order Reassigning Case

Apr 06, 2026

ORDER REASSIGNING CASE. Case reassigned to Judge LaShann DeArcy Hall for all further proceedings. Judge Ann M. Donnelly no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 4/6/2026. (CV)

#5

Apr 07, 2026

Response to Order to Show Cause

#6

Apr 07, 2026

Leave to Electronically File Document under Seal

Apr 09, 2026

Order to Show Cause (463)

Apr 09, 2026

Order on Motion for Leave to Electronically File Document under Seal AND Order on Motion to Reassign Case

Apr 09, 2026

ORDER: In light of the Clerk of Court's reassignment of this case, the Government's motion 4 to reassign case in light of Petitioner's pending petition for writ of habeas corpus under Case No. 26-cv-01948 is DENIED as moot.The Government's motion 6 for leave to file documents under seal is GRANTED. Ordered by Judge LaShann DeArcy Hall on 4/9/2026. (CG)

Apr 09, 2026

ORDER: On March 16, 2026, Petitioner filed a petition for writ of habeas corpus under Case No. 26-cv-01544. In that case, the Court ordered the government to show cause, by March 23, 2026, as to why the Petition should not be granted. On March 23, 2026, the Government filed a response to the Court's order to show cause and, inter alia, argued that Petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c).Section 1226(c) requires the Government to "take into custody any alien who... is inadmissible by reason of having committed" certain offenses enumerated in 8 U.S.C. § 1182(a)(2). Section 1182(a)(2) includes, "[a]ny alien who... the Attorney General knows or has reason to believe... is or has been an illicit trafficker in any controlled substance..., or is or who has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so[.]" 8 U.S.C. § 1182(a)(2)(C)(i).In the Government's March 23, 2026 response, the Government argued that Petitioner was arrested under New Jersey state law after he allegedly threatened to kill an acquaintance who refused to take packages of fentanyl pills to the post office on Petitioner's behalf. For this reason, the Government argues it has reason to believe that Petitioner is inadmissible as an illicit trafficker in any controlled substance or is someone who has endeavored to do so. According to the Government, the alleged conduct subjects Petitioner to mandatory detention pursuant to Section 1226(c).On March 25, 2026, the Court held oral arguments on the petition filed under 26-cv-01948, and Petitioner's counsel conceded that he would be subject to mandatory detention under 1226(c) if the Government knows or has reason to believe Petitioner engaged in the conduct. The Government agreed to provide Petitioner the relevant documents to substantiate its claim, and on March 26, 2026, the Government did so. However, on April 1, 2026, Petitioner filed a second petition 1 for writ of habeas corpus with new counsel. Subsequently, on April 6, 2026, Petitioner's counsel filed a motion to withdraw habeas corpus petition and request for dismissal without prejudice for the petition filed under Case No. 26-cv-01948. In that motion, Petitioner's counsel under Case No. 26-cv-01948 stated that he "provided all information related to the case including the evidence that the AUSA's office had disclosed" to Petitioner's counsel in the instant case. (Mot. to Withdraw at 2, Case No. 26-cv-01948, ECF No. 8.)Accordingly, Petitioner is directed to show cause and respond to the Government's response 5 on or before April 13, 2026, as to why the Petition 1 should not be denied. Ordered by Judge LaShann DeArcy Hall on 4/9/2026. (CG)

#7

Apr 10, 2026

Withdraw

#8

Apr 10, 2026

1 - Sealed Document - to be used ONLY in conjunction with other selection AND Letter

#9

Apr 24, 2026

Order on Motion to Withdraw

Apr 24, 2026

~Util - Terminate Civil Case