Southern District of New York • 1:25-cv-08977

#1

Oct 29, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31919613)Document filed by O. G.. (Attachments: # 1 Exhibit Table of Exhibits, # 2 Exhibit A1 (bond packet), # 3 Exhibit A2 (bond packet), # 4 Exhibit A3 (bond packet), # 5 Exhibit A4 (bond packet), # 6 Exhibit A5 (bond packet), # 7 Exhibit B (DHS bond packet), # 8 Exhibit C (Bond decision), # 9 Exhibit D (merits decision), # 10 Exhibit E (med records)).(Lampert, Alexandra) (Entered: 10/29/2025)

#2

Oct 29, 2025

MOTION to Seal for leave to proceed via pseudonym. Document filed by O. G...(Lampert, Alexandra) (Entered: 10/29/2025)

#3

Oct 29, 2025

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Lampert, Alexandra) Modified on 10/29/2025 (vf). (Entered: 10/29/2025)

#4

Oct 29, 2025

MOTION for Order to Show Cause in support of petition for habeas corpus. Document filed by O. G.. (Attachments: # 1 Proposed Order Proposed Order to Show Cause).(Lampert, Alexandra) (Entered: 10/29/2025)

Oct 29, 2025

Notice to Attorney Regarding Party Modification

Oct 29, 2025

Case Opening Initial Assignment Notice

Oct 29, 2025

NOTICE OF CASE REASSIGNMENT to Judge Jeannette A. Vargas. Judge Gregory H. Woods is no longer assigned to the case. (tro)

Oct 29, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Oct 29, 2025

Magistrate Judge Sarah L. Cave 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. (vf)

Oct 29, 2025

Notice to Attorney Regarding Deficient Civil Cover Sheet

Oct 29, 2025

Case Designated ECF. (vf)

Oct 29, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexandra Lynn Lampert. The party information for the following party/parties has been modified: LaDeon Francis, Paul Arteta, Teresa L. Riley, Daren K Margolin, Pamela Bondi, Kristi Noem, Todd M. Lyons. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

Oct 29, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexandra Lynn Lampert to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (vf)

#5

Oct 30, 2025

CIVIL COVER SHEET filed..(Lampert, Alexandra) (Entered: 10/30/2025)

#6

Oct 30, 2025

LETTER MOTION for Leave to File Law Student Appearance Form addressed to Judge Gregory H. Woods from Alexandra Lampert dated 10/30/25. Document filed by O. G.. (Attachments: # 1 Proposed Order Law student appearance form - JR, # 2 Proposed Order Law student appearance form - MGM, # 3 Proposed Order Law student appearance form - RD).(Lampert, Alexandra) (Entered: 10/30/2025)

#7

Oct 30, 2025

LETTER addressed to Judge Jeannette A. Vargas from Alexandra Lampert dated 10/30/25 re: agreed briefing schedule. Document filed by O. G...(Lampert, Alexandra) (Entered: 10/30/2025)

#8

Oct 30, 2025

NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Daren K Margolin, Kristi Noem, Teresa L. Riley..(Barnea, Jean-David) (Entered: 10/30/2025)

#9

Oct 30, 2025

ORDER: The Court hereby ORDERS that Petitioner shall not be removed from the United States unless and until the Court orders otherwise in order to preserve the Court's jurisdiction pending its consideration of the habeas petition. See, e.g., Lo cal 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, t he All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction" (cleaned up)); Garcia-Izquierdo v. Gartner, No. 04-CV-7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All W rits Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). A conference shall be held in this matter on November 5, 2025, at 2:30 p.m. in Courtroom 14C, United States Courthouse, 500 Pearl Street, New York, New York.The Clerk of Court is directed to transmit a copy of this Order upon the U.S. Attorney's Office for the Southern District of New York (the "USAO"). The USAO shall take immediate steps to notify appropriate officials at ICE of this Order, and shall file a status report by no later than October 31, 2025, at 5 p.m. SO ORDERED. (Status Conference set for 11/5/2025 at 02:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas.) (Signed by Judge Jeannette A. Vargas on 10/30/2025) (sgz)

Oct 30, 2025

Notice of Case Assignment/Reassignment

#10

Oct 31, 2025

Adjourn Conference

#11

Oct 31, 2025

Order on Motion for Leave to File Document

#12

Oct 31, 2025

Memo Endorsement

#13

Oct 31, 2025

Memo Endorsement

#15

Oct 31, 2025

ORDER granting 10 Letter Motion to Adjourn Conference. The Government's request is GRANTED. The conference scheduled for November 5, 2025, is adjourned to November 7, 2025 at 11:30 am. The Clerk of Court is directed to terminate ECF No. 10. Status Conference set for 11/7/2025 at 11:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. (Signed by Judge Jeannette A. Vargas on 10/31/2025) (sgz)

#14

Nov 03, 2025

Memo Endorsement AND ~Util - Set Deadlines

#16

Nov 05, 2025

ORDER granting 2 Letter Motion to Seal. Petitioner's request for leave to proceed under a pseudonym is GRANTED. Petitioner has made a sufficient showing that the Petition "involves matters that are 'highly sensitive and [of a] perso nal nature.'" Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 190 (2d Cir. 2008) (quoting M.M. v. Zavaras, 139 F.3d 798, 803 (10th Cir. 1998)). The Court also notes that "[s]uits against the government 'involve no injury to th e Government's reputation.'" Doe v. Skyline Automobiles Inc.,375 F. Supp. 3d 401, 406 (S.D.N.Y. 2019) (quoting North Jersey Media Grp. Inc. v. Doe Nos. 1-5,No. 12-CV-6152 (VM) (KNF), 2012 WL 5899331, at *7 (S.D.N.Y. Nov. 26, 2012)). Si nce Respondents are all named in their official capacity here, Petitioner proceeding under a pseudonym poses little to no prejudice to Respondents. Moreover, when challenging unlawful government action, "it is in the public interest that the pri ce of access to the courts not be too high." Doe v. Del Rio, 241 F.R.D. 154, 158 (S.D.N.Y. 2006) (citing EW v. New York Blood Ctr., 213 F.R.D. 108, 112(E.D.N.Y. 2003)). The Court therefore finds that, in this instance, Petitioner's "in terest in anonymity" outweighs "both the public interest in disclosure and any prejudice to the[respondents]." Sealed Plaintiff, 537 F.3d at 189.The Clerk of Court is directed to terminate ECF No. 2.. (Signed by Judge Jeannette A. Vargas on 11/5/2025) (rro)

Nov 07, 2025

Order on Motion to Show Cause

Nov 07, 2025

Show Cause Hearing AND ~Util - Set Hearings

#18

Nov 10, 2025

Letter

#19

Nov 11, 2025

Stay

#20

Nov 11, 2025

Temporary Restraining Order

#21

Nov 11, 2025

TEMPORARY RESTRAINING ORDER: Upon due consideration of all proceedings and submissions in connection with the instant motion, the Court hereby ORDERS: 1) Respondents are enjoined from transferring Petitioner from the Orange County Correctional Fac ility pending the Court's resolution of the Transfer Motion. 2) Respondents shall file a letter on the docket confirming that the relevant Respondent agencies and officials have been served with notice of this Order. The Clerk is directed to terminate ECF No. 20. SO ORDERED. Motions terminated: 20 EMERGENCY MOTION for Temporary Restraining Order to enjoin transfer of Petitioner during Court's consideration of motion to not transfer Petitioner. filed by O. G.. (Signed by Judge Jeannette A. Vargas on 11/11/2025) (sgz)

#22

Nov 12, 2025

Response (non-motion)

#23

Nov 12, 2025

Memorandum of Law in Opposition (non-motion)

#24

Nov 12, 2025

Declaration (non-motion)

#25

Nov 13, 2025

Response to Motion

#26

Nov 19, 2025

Reply Memorandum of Law in Support (non-motion)

#27

Nov 25, 2025

Extension of Time

#28

Nov 25, 2025

Order on Motion for Extension of Time

Nov 26, 2025

Remark

#29

Nov 29, 2025

Letter

#30

Dec 01, 2025

Compel

Dec 03, 2025

Status Conference

#31

Dec 04, 2025

Letter

#32

Dec 05, 2025

ORDER: For the reasons set forth in the oral opinion delivered at the hearing held on December 3, 2025, Petitioner's petition for writ of habeas corpus is GRANTED IN PART AND DENIED IN PART. The Court finds that Petitioner is not subject to ma ndatory detention under 8 U.S.C. § 1225(b)(2) but is instead detained pursuant to 8 U.S.C. § 1226(a). Accordingly, the Court ORDERS Respondents to provide Petitioner with an individualized bond hearing before an Immigration Judge within 14 days from the date of this order at which the Government shall bear the burden to demonstrate, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk. The Court FURTHER ORDERS that Petitioner be permitted to participate remotely in any such hearing to the extent possible given his current hospitalization and medical condition. At the bond hearing, the Immigration Judge must also consider non-bond alternatives to detention or, if setting a bond, Petitio ner's ability to pay. The Court FURTHER ORDERS that Respondents are enjoined from interfering with communications between Petitioner and his attorneys while he remains hospitalized, including that Respondents are enjoined from instructing hospit al staff to not communicate with Petitioner's attorneys. The Court DENIES Petitioner's request for immediate release from custody. The Clerk of Court is directed to terminate all pending motions and close the case. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 12/5/2025) (sgz)

#33

Dec 11, 2025

Transcript

#34

Dec 11, 2025

Notice of Filing Transcript

#35

Dec 17, 2025

Letter

#36

Dec 17, 2025

Memo Endorsement