Southern District of New York • 1:26-cv-02858

#1

Apr 07, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32665013) Request for emergency relief to be separately filed..Document filed by Allan Josue Martinez Martinez. (Attachments: # 1 Exhibit 05/12/2022 SIJS Approval Notice, # 2 Exhibit 04/07/2026 ICE Facility Page).(Rutkey, Ellinor) (Entered: 04/07/2026)

#2

Apr 07, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Rutkey, Ellinor) Modified on 4/8/2026 (pc). (Entered: 04/07/2026)

#3

Apr 07, 2026

NOTICE OF APPEARANCE by Beth Dworkin Baltimore on behalf of Allan Josue Martinez Martinez..(Baltimore, Beth) (Entered: 04/07/2026)

#6

Apr 07, 2026

ORDER: Before the Court is Petitioner Allan Jose Martinez Martinez's petition for a writ of habeas corpus under 28 U.S.C. § 2241. (Docket entry no. 1 ("Petition").) The Court, having examined the Petition, and in its Part I c apacity, hereby ORDERS that: 1. Within two business days of the date of this Order, the Respondents shall file a letter providing the following information: a. Petitioner's "A-number" and current place of detention; b . whether Petitioner was located in the Southern District of New York at the time that the Petition was filed and, if not, the District in which Petitioner was located at the time of filing and whether the Petition should be immediately tra nsferred to that District. See, e.g., Ozturk v. Hyde, 136 F. 4th 382, 391-92 (2d Cir. 2025); Khalil v. Joyce, 771 F. Supp. 3d 268, 286-92 (S.D.N.Y. 2025); c. the statutory provision(s) under which Respondents assert the authority to detain P etitioner; d. whether this action is distinguishable or analogous to previous cases decided by this Court or any other Court in this district, see, e.g., Weng v. Genalo, No. 25-CV-09595-JHR, 2026 WL 194248 (S.D.N.Y. Jan. 25, 2026); J.G.O. v. Francis , No. 25-CV-7233-AS, 2025 WL 3040142, at *1 (S.D.N.Y. Oct. 28, 2025); e. the effect, if any, of the Petitioner's Special Immigrant Juvenile Status on Respondents' legal authority to detain Petitioner; f. a copy of any final order of removal ; and g. any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. 2. Within three business days of the date of this Order, the Respondents shall file a mem orandum in opposition as to why the Petition should not be granted. 3. Within ten business days of the date of this Order, Petitioner shall file any reply to the Respondents' memorandum in opposition. 4. To preserve the Courts jurisdiction pendi ng a ruling on the Petition, Petitioner shall not be removed from the United States without an order by this Court allowing such removal. See, e.g., M.K. v. Joyce, No. 25-cv-1935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025); Garcia-Izquierdo v. Gartner, No. 04-cv-7377-RCC, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004). 5.To facilitate resolution of the Petition, Petitioner shall not be transferred, except to a facility within this District, the Easten District of New York, or the Dist rict of New Jersey, absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-cv-4828-DEH, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025).6.This Order shall remain in effect unless and until it is vacated or modified.The Clerk of Court is respectfully directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. (Signed by Judge Laura Taylor Swain on 4/7/2026) (sgz)

#4

Apr 08, 2026

CIVIL COVER SHEET filed..(Rutkey, Ellinor) (Entered: 04/08/2026)

#5

Apr 08, 2026

ORDER : It is hereby ORDERED as follows: Within two business days of the date of this order, respondents shall file a letter with the following information as further set forth in this Order. Unless and until the Court orders otherwise, respondent s shall file an answer to the petition within three business days of the date of this order; and Unless and until the Court orders otherwise, petitioner shall file any reply within ten business days of the date of this order. To preserve the Court& #039;s jurisdiction pending a ruling on the petition, petitioner shall not be removed from the United States absent further order of this Court. Moreover, in light of petitioner's interest in participating in further proceedings before this C ourt and to facilitate resolution of the petition, absent further order of this Court, respondents shall not transfer petitioner except to a facility within this district, the Eastern District of New York, or the District of New Jersey. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/8/26) (yv)

Apr 08, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ellinor Hannah Rutkey to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)

Apr 08, 2026

Case Opening Initial Assignment Notice

Apr 08, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ellinor Hannah Rutkey. The party information for the following party/parties has been modified: William Joyce, Todd Lyons, Markwayne Mullin, Robert F. Kennedy, Jr., Angie Salazar, Todd Blanche, Director Joseph B. Edlow, U.S. Citizenship and Immigration Services. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)

Apr 08, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ellinor Hannah Rutkey. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General));. (pc)

Apr 08, 2026

Magistrate Judge Gabriel W. Gorenstein 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. (pc)

Apr 08, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(pc)

Apr 08, 2026

Case Designated ECF. (pc)

Apr 08, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

Apr 08, 2026

Notice to Attorney Regarding Party Modification

Apr 08, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

#7

Apr 09, 2026

FIRST LETTER addressed to Judge Lewis A. Kaplan from Beth Baltimore dated 04/09/2026 re: Joint Proposed Briefing Schedule. Document filed by Allan Josue Martinez Martinez..(Rutkey, Ellinor) (Entered: 04/09/2026)

#8

Apr 09, 2026

LETTER addressed to Judge Lewis A. Kaplan from Beth Baltimore dated 04/09/2026 re: Joint Proposed Briefing Schedule. Document filed by Allan Josue Martinez Martinez..(Rutkey, Ellinor) (Entered: 04/09/2026)

#9

Apr 09, 2026

MEMO ENDORSEMENT on re: 8 Letter Joint Proposed Briefing Schedule filed by Allan Josue Martinez Martinez. ENDORSEMENT : SO ORDERED., (U.S. Department of Citizenship and Immigration Services answer due 4/20/2026; Todd Blanche answer due 4/20/2026; Joseph B. Edlow answer due 4/20/2026; William Joyce answer due 4/20/2026; Robert F. Kennedy, Jr answer due 4/20/2026; Todd Lyons answer due 4/20/2026; Markwayne Mullin answer due 4/20/2026; Angie Salazar answer due 4/20/2026; U.S. Citizenship and Immigration Services answer due 4/20/2026; U.S. Department of Health and Human Services answer due 4/20/2026; U.S. Department of Homeland Security answer due 4/20/2026; U.S. Office of Refugee Resettlement answer due 4/20/2026.)( Amended Pleadings due by 4/13/2026., Replies due by 4/30/2026.) (Signed by Judge Lewis A. Kaplan on 4/9/26) (yv) (Entered: 04/09/2026)

#10

Apr 10, 2026

NOTICE OF APPEARANCE by Tudor M Neagu on behalf of U.S. Department of Citizenship and Immigration Services, Todd Blanche, Joseph B. Edlow, William Joyce, Robert F. Kennedy, Jr, Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Office of Refugee Resettlement..(Neagu, Tudor) (Entered: 04/10/2026)

#11

Apr 10, 2026

LETTER addressed to Judge Lewis A. Kaplan from Tudor Neagu dated April 10, 2026 re: Government's Answers to Questions. Document filed by U.S. Department of Citizenship and Immigration Services, Todd Blanche, Joseph B. Edlow, William Joyce, Robert F. Kennedy, Jr, Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Office of Refugee Resettlement..(Neagu, Tudor) (Entered: 04/10/2026)

#12

Apr 13, 2026

FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus, against U.S. Department of Citizenship and Immigration Services, Todd Blanche, Joseph B. Edlow, William Joyce, Robert F. Kennedy, Jr, Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Office of Refugee Resettlement.Document filed by Allan Josue Martinez Martinez. Related document: 1 Petition for Writ of Habeas Corpus,..(Rutkey, Ellinor) (Entered: 04/13/2026)

#13

Apr 13, 2026

MOTION to Seal Exhibits A-D. Document filed by Allan Josue Martinez Martinez. (Attachments: # 1 Exhibit 05/12/2022 SIJS approval notice with grant of deferred action, # 2 Exhibit 04/07/2026 ICE Facility Page, # 3 Exhibit 04/11/2026 Declaration of Jocabed Rosario, Esq., # 4 Exhibit 03/25/2026 Child Advocate Best Interests Determination in Support of the Release on Recognizance of Petitioner).(Rutkey, Ellinor) (Entered: 04/13/2026)

#14

Apr 14, 2026

MEMORANDUM AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS: Accordingly, the amended petition for a writ of habeas corpus (Dkt 12) is granted. Respondents immediately shall release Martinez in the district in which he was detained - here, the N orthern District of Texas -together and with any and all personal property seized from him upon his arrest, and shall file on the docket, no later than 5 p.m. on April 15, 2026, an affidavit or declaration confirming that they have released Martinez as directed. Pending a final determination in his removal proceedings, Martinez shall remain free of detention or any other restraint under the immigration laws of the United States to which he was not subject - including INA Section 235(b)(2)(A)- on August 26, 2025. The Clerk of Court is directed to terminate this action. (Signed by Judge Lewis A. Kaplan on 4/14/2026) (rro) Transmission to Orders and Judgments Clerk for processing.

#15

Apr 14, 2026

CLERK'S JUDGMENT re: 14 Memorandum & Order. in favor of Allan Josue Martinez Martinez against U.S. Department of Citizenship and Immigration Services, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Service s, U.S. Department of Homeland Security, U.S. Office of Refugee Resettlement, Angie Salazar, Joseph B. Edlow, Markwayne Mullin, Robert F. Kennedy, Jr, Todd Blanche, Todd Lyons, William Joyce. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated April 14, 2026, the amended petition for a writ of habeas corpus is granted; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 4/14/2026) (Attachments: # 1 Notice of right to appeal) (nd)

#16

Apr 15, 2026

LETTER addressed to Judge Lewis A. Kaplan from Tudor Neagu dated April 15, 2026 re: Impending Release. Document filed by U.S. Department of Citizenship and Immigration Services, Todd Blanche, Joseph B. Edlow, William Joyce, Robert F. Kennedy, Jr, Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Office of Refugee Resettlement..(Neagu, Tudor) (Entered: 04/15/2026)

#17

Apr 15, 2026

DECLARATION of Supervisory Detention and Deportation Officer Kareem Johnson re: 16 Letter, Regarding Petitioner's Release. Document filed by U.S. Department of Citizenship and Immigration Services, Todd Blanche, Joseph B. Edlow, William Joyce, Robert F. Kennedy, Jr, Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Office of Refugee Resettlement..(Neagu, Tudor) (Entered: 04/15/2026)