Eastern District of New York • 1:26-cv-02005

#1

Apr 03, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number BNYEDC-20076683, filed by Eliseo Antonio Arango Carmona. (Fankbonner, Edgar) (Entered: 04/03/2026)

#2

Apr 03, 2026

Emergency MOTION for Order to Show Cause by Eliseo Antonio Arango Carmona. (Attachments: # 1 Proposed Order Show Cause) (Fankbonner, Edgar) (Entered: 04/03/2026)

#3

Apr 03, 2026

Civil Cover Sheet.. by Eliseo Antonio Arango Carmona (Fankbonner, Edgar) (Entered: 04/03/2026)

#4

Apr 06, 2026

Upon review of Petitioner Eliseo Antonio Arango Carmona's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Pet., Dkt. 1 ), and Emergency Motion for Order to Show Cause, (O.S.C. Mot., Dkt. 2 ), it is hereby ordered that:1. Respondents shall, by 6:00 p.m. on April 9, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish Petitioner's case from the vast majority of district court cases that have disagreed with Respondents' contention. See Barco Mercado v. Francis, 811 F. Supp. 3d 487, 494, 506 (S.D.N.Y. Nov. 26, 2025) (collecting cases). Respondents are further directed to include "affidavits and exhibits . . . to establish the lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition." See Belqui M. v. Bondi, No. 26-CV-0308 (MJD) (SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), report and recommendation adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026). 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Samb v. Joyce, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 4/6/2026. (JEC) (Entered: 04/06/2026)

Apr 06, 2026

Case Assigned to Judge Pamela K. Chen. 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 06, 2026

Case Assigned/Reassigned

#5

Apr 09, 2026

Letter

#6

Apr 10, 2026

Memorandum & Opinion