Eastern District of New York • 2:25-cv-06065

#1

Oct 29, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19583740, filed by Erika Rodriguez-Acurio. Was the Disclosure Statement on Civil Cover Sheet completed -No,, (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A: Interim Notice Authorizing Parole, # 3 Exhibit B: Child's Birth Certificate, # 4 Exhibit C: I-589 Receipt Notice, # 5 Exhibit D: I-589 Dismissal Notice, # 6 Exhibit E: Attorney Affirmation of Jonathan Lipsitz) (Esteban Brusi, Cassandra) Modified on 10/30/2025 (SMF). (Entered: 10/29/2025)

#2

Oct 29, 2025

Unsigned Order to Show Cause by Erika Rodriguez-Acurio (Esteban Brusi, Cassandra) (Entered: 10/29/2025)

#3

Oct 29, 2025

NOTICE of Appearance by Reuben Samuel Kerben on behalf of Erika Rodriguez-Acurio (aty to be noticed) (Kerben, Reuben) (Entered: 10/29/2025)

#4

Oct 30, 2025

Civil Cover Sheet.. by Erika Rodriguez-Acurio (Esteban Brusi, Cassandra) (Entered: 10/30/2025)

#5

Oct 30, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 10/30/2025)

#6

Oct 30, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 10/30/2025)

#7

Oct 30, 2025

Proposed Summons. by Erika Rodriguez-Acurio (Esteban Brusi, Cassandra) (Entered: 10/30/2025)

#8

Oct 30, 2025

ORDER TO SHOW CAUSE: As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by October 2, 2025. Petitioner's Reply, if any, shall be filed by October 5, 2025. The parties are further ORDERED TO appear before this Court for a hearing on the petition on October 7, 2025 at 2:00 PM. The hearing will be held in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l 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, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction"). Ordered by Judge Nusrat J. Choudhury on 10/30/2025. (JEG) (Entered: 10/30/2025)

#9

Oct 30, 2025

Order(Other)

#10

Oct 30, 2025

Affidavit of Service

Oct 30, 2025

NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (NOT THE INSTRUCTION PAGE). The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 02/13/2025 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SDM)

Oct 30, 2025

Case Assigned/Reassigned

Oct 30, 2025

Quality Control Check - Summons

Oct 30, 2025

Notice: Re: Incomplete Civil Cover Sheet

Oct 30, 2025

Case Assigned to Judge Nusrat J. Choudhury. 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. (SMF)

Oct 30, 2025

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

#11

Oct 31, 2025

Consent MOTION for Extension of Time to File Response/Reply to the Court's October 30, 2025, Corrected Order to Show Cause, by Judith Almodovar, Pamela Bondi, Kristi Noem. (Price, Thomas) (Entered: 10/31/2025)

#12

Oct 31, 2025

Notice of Appearance

#13

Oct 31, 2025

Notice of Appearance

Oct 31, 2025

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

Oct 31, 2025

ORDER: The Court has received Respondents' request for a one-day extension of the deadline for Respondents to show cause why the Petition for Writ of Habeas Corpus should not be granted and a concomitant extension of Petitioner's deadline to Reply. (ECF No. 11 .) The Court will grant the parties an extension to file by noon on the dates requested in Respondents' letter. Accordingly, Respondents must show cause why the Petition for Writ of Habeas Corpus should not be granted by November 3, 2025 at 12:00 PM. Petitioner's Reply, if any, shall be filed by November 6, 2025 at 12:00 PM. The Order to Show Cause hearing scheduled for November 7, 2025 at 2:00 PM will proceed as scheduled and the parties are ordered to appear before the Court in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. Ordered by Judge Nusrat J. Choudhury on 10/31/2025. (JEG)

Oct 31, 2025

Proposed summons 7 was not issued for the following reasons: (1) The judges are incorrect/not listed. (2) Name of Clerk of Court is incorrect. (3) Counsel Cassandra Esteban Brusi's address does not match address listed on the docket. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)

Oct 31, 2025

Quality Control Check - Summons

#14

Nov 03, 2025

RESPONSE TO ORDER TO SHOW CAUSE by Judith Almodovar, Pamela Bondi, Kristi Noem (Attachments: # 1 Declaration of Jason V. Langlois, # 2 Exhibit A to Langlois Decl. - Spanish language version of credible fear instructions, # 3 Exhibit B to Langlois Decl. - N-200 Arrest Warrant) (Price, Thomas) (Entered: 11/03/2025)

Nov 03, 2025

Scheduling Order

Nov 03, 2025

Telephone Conference

Nov 03, 2025

ORDER: The Court has received Respondents' response to the Court's Order to Show Cause. The parties shall appear for a telephone conference at 4:30 PM, today, November 3, 2025 to address Petitioner's present detention at 26 Federal Plaza, New York, New York. The parties are directed to call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted. Ordered by Judge Nusrat J. Choudhury on 11/3/2025. (JEG)

Nov 03, 2025

MINUTE ENTRY: A telephone conference on Petitioner's present detention at 26 Federal Plaza, New York, New York was held on November 3, 2025, at 4:30 PM. Cassandra Esteban Brusi appeared for Petitioner. Mary Dickman and Thomas Price appeared for Respondents. The Court heard from Respondents regarding Petitioner's current detention. Respondents represented that Petitioner may be moved to Delaney Hall Detention Facility in Newark, New Jersey. In the meantime, counsel for Respondents could not say whether Petitioner is being detained in conditions that comply with the Preliminary Injunction Order issued on September 17, 2025 in Mercado v. Noem, No. 25-cv-6568 (S.D.N.Y. Sept. 17, 2025), ECF No. 97. The Court ordered that Petitioners file an affidavit from the government signed under penalty of perjury by 5:00 PM on November 4, 2025 attesting as to whether Petitioner's detention at 26 Federal Plaza complies with each of the requirements set forth in the Preliminary Injunction Order in Mercado and whether Respondents have transferred Petitioner to Delaney Hall. (JEG)

#15

Nov 04, 2025

Declaration

#16

Nov 05, 2025

Status Report

Nov 05, 2025

ORDER: The declaration of Jason V. Langlois (ECF No. 14 -1), which Respondents submit alongside their memorandum of law in response to the Court's Order to Show Cause (ECF No. 14 ), attests that "[o]n or about September 6, 2021, during processing, CBP issued a Notice and Order of Expedited Removal, Form I-860 (Form I-860)" to Petitioner Rodriguez-Acurio, but does not attach the Form I-860. Additionally, Exhibit D to the Petition (ECF No. 1 -5), a Notice of Dismissal of Form I-589, also states that Petitioner was "issued a Form I-860, Notice and Order of Expedited Removal." Therefore, Respondents are ordered to file the Form I-860 by November 6, 2025 at 12:00 PM. Ordered by Judge Nusrat J. Choudhury on 11/5/2025. (JEG)

Nov 05, 2025

Order(Other)

#17

Nov 06, 2025

Response to Order to Show Cause

#18

Nov 06, 2025

Declaration

#19

Nov 07, 2025

Declaration

Nov 07, 2025

MINUTE ENTRY: A hearing on Petitioner's habeas petition (the "Petition") was held on November 7, 2025, at 2:00 PM. Court reporter ToniAnn Lucatorto was present. Cassandra Esteban Brusi appeared for Petitioner. Thomas Price and Mary Dickman appeared for Respondents.The Court heard argument on the Petition and on Petitioner's requested Order to Show Cause. (ECF No. 1, 2 .) The Court ordered the parties to appear for a telephone conference on November 8, 2025 at 2:00 PM. The parties must call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted.Respondents must inform the Court at the telephone conference whether Petitioner's release can be effectuated over the weekend, should the Court grant Petitioner's habeas petition. (Court Reporter ToniAnn Lucatorto.) (JEG) Modified on 11/10/2025 (BMM).

Nov 08, 2025

Order(Other)

Nov 08, 2025

Status Conference AND ~Util - Set Hearings

Nov 08, 2025

Telephone Conference

Nov 08, 2025

ORDER: The parties are ordered to file, by 10:00 AM on November 10, 2025, any documentation showing (1) the scheduling of any ICE check-ins for Petitioner between the expiration of her temporary parole on September 14, 2022 and her credible fear interview on October 29, 2025, (2) what transpired at those check-ins, and (3) all paperwork provided to the Petitioner related to any such ICE check-in. To the extent that any ICE check in was scheduled and took place, Respondents must also file an affidavit attesting under penalty of perjury whether any such check-in was scheduled, how and where notice was provided to Petitioner, what was communicated to Petitioner during the check in, and what documentation was provided to Petitioner. In light of Petitioner's present detention and the obstacles that may present to securing a declaration from Petitioner in a time sensitive manner, Petitioner may submit her own declaration or a declaration from her counsel addressing these issues. Ordered by Judge Nusrat J. Choudhury on 11/8/2025. (JEG)

Nov 08, 2025

MINUTE ENTRY: A hearing on Petitioner's habeas petition (the "Petition") was held on November 7, 2025, at 2:00 PM. Court reporter ToniAnn Lucatorto was present. Cassandra Esteban Brusi appeared for Petitioner. Thomas Price and Mary Dickman appeared for Respondents.The Court heard argument on the Petition and on Petitioner's requested Order to Show Cause. (ECF No. 1, 2 .) The Court ordered the parties to appear for a telephone conference on November 8, 2025 at 2:00 PM. The parties must call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted.Respondents must inform the Court at the telephone conference whether Petitioner's release can be effectuated over the weekend, should the Court grant Petitioner's habeas petition. (Court Reporter ToniAnn Lucatorto.) (JEG)

Nov 08, 2025

MINUTE ENTRY: A telephone conference on Petitioner's habeas petition (the "Petition") was held on November 8, 2025, at 2:00 PM. Cassandra Esteban Brusi appeared for Petitioner. Thomas Price and Mary Dickman appeared for Respondents. (Recorded via Cisco) The Court amended its Order issued earlier today to require that the parties file by 10:00 AM on November 10, 2025, any documentation showing (1) the scheduling of any ICE check-ins for Petitioner between her October 21, 2021 parole check-in and her credible fear interview on October 29, 2025, (2) what transpired at any such check-ins, including the October 21, 2021 check-in, and (3) all paperwork provided to the Petitioner related to any such ICE check-in, including but not limited to the October 21, 2021 check-in. Respondents must also file an affidavit attesting under penalty of perjury what was communicated to Petitioner during the October 21, 2025 check-in, whether any other check-ins were scheduled and what was communicated to Petitioner during those check-ins, how and where notice was provided to Petitioner of those check-ins, and what documentation was provided to Petitioner at or after any check-ins. In light of Petitioner's present detention and the obstacles that may present to securing a declaration from Petitioner in a time sensitive manner, Petitioner may submit her own declaration or a declaration from her counsel or from family members addressing these issues. Additionally, the Court ordered that Respondents address in their filing what role the January 21, 2025 Designation Notice, titled Designating Aliens for Expedited Removal, 90 Fed. Reg. 8139, 8139 (Jan. 24, 2025), played in Petitioner's detention. That notice is the subject of Make the Rd. New York v. Noem, No. 25-cv-190, 2025 WL 2494908, at *5 (D.D.C. Aug. 29, 2025). Finally, the Langlois Declaration (ECF No. 14 -1) states that on "September 4, 2021, the United States Customs and Border Protection ("CBP") encountered Petitioner near the port of entry in Eagle Pass, Texas. During the encounter, Petitioner admitted that she entered the United States by crossing the Rio Grande River near Eagle Pass, Texas, and was not then inspected by an immigration officer." Respondents are ordered to address in their letter if this encounter constituted an inspection, and if not, whether Petitioner was ever inspected and on what date. Petitioner shall include in her letter authority supporting Petitioner's position that she was necessarily inspected before she was granted temporary parole. (JEG)

#20

Nov 10, 2025

RESPONSE TO ORDER TO SHOW CAUSE by Erika Rodriguez-Acurio (Attachments: # 1 Exhibit A: Application Support Center Appointment Notice, # 2 Exhibit B: Employment Authorization Document) (Esteban Brusi, Cassandra) (Entered: 11/10/2025)

#21

Nov 10, 2025

Response to Order to Show Cause

#22

Nov 10, 2025

Amend/Correct/Supplement

Nov 10, 2025

MINUTE ENTRY: A telephone conference on Petitioner's habeas petition (the "Petition") was held on November 10, 2025, at 3:30 PM. Court reporter Denise Parisi was present. Cassandra Esteban Brusi and Reuben Samuel Kerben appeared for Petitioner. Thomas Price and Mary Dickman appeared for Respondents.For the reasons explained on the record, which are to be set forth in more detail in a forthcoming written Opinion and Order, the petition for a writ of habeas corpus made pursuant to 28 U.S.C. § 2241 (ECF No. 1) is GRANTED. Respondents must transfer Ms. Rodriguez-Acurio from the New Jersey detention facility in which she is currently detained by Immigration and Customs Enforcement to the Eastern District of New York and must release her immediately upon effectuating her transfer. (Court Reporter Denise Parisi.) (JEG)

Nov 10, 2025

Scheduling Order

Nov 10, 2025

Order on Motion to Amend/Correct/Supplement

Nov 10, 2025

Telephone Conference

Nov 10, 2025

Order(Other)

Nov 10, 2025

ORDER: The Court has received the parties' responses to its November 8, 2025 Order. The parties shall appear for a telephone conference at 3:30 PM, today, November 10, 2025. The parties are directed to call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted. Ordered by Judge Nusrat J. Choudhury on 11/10/2025. (JEG)

Nov 10, 2025

ORDER: The parties' joint letter motion to amend the Court's oral Order is GRANTED. In light of Respondents' representation that Ms. Rodriguez-Acurio's family has agreed to pick her up tonight at the Elizabeth Detention Facility, the Court orders Respondents to release Ms. Rodriguez-Acurio directly from the Elizabeth Detention Facility in New Jersey rather than transferring her to the Eastern District of New York for release. Respondents must release Ms. Rodriguez-Acurio to her family upon their arrival at the facility tonight. Respondents must file a certification on ECF tonight confirming that Ms. Rodriguez-Acurio was released according to the terms of this Amended Order. Ordered by Judge Nusrat J. Choudhury on 11/10/2025. (JEG)

Nov 10, 2025

ORDER: Respondents have called the Court's chambers to inquire about changes to the Court's November 10, 2025 Order granting the habeas petition in light of difficulties involved in transferring Ms. Rodriguez-Acurio from the ICE detention facility in New Jersey to the Eastern District of New York tonight as well as an apparent request from Petitioner's family to release Ms. Rodriguez-Acurio directly from the New Jersey facility. The parties must expeditiously make any applications to alter the terms of the Court's order in writing on ECF. The Court will address any such request promptly. Ordered by Judge Nusrat J. Choudhury on 11/10/2025. (JEG)

#23

Nov 11, 2025

Letter

Nov 11, 2025

ORDER: Pursuant to the Court's Amended Order, which was issued at 8:13 PM on November 10, 2025, Respondents were ordered "to file a certification on ECF [that night] confirming that Ms. Rodriguez-Acurio was released according to the terms" of the Amended Order. As of this morning, Respondents have not filed the required certification confirming that Ms. Rodriguez-Acurio was released to her family last night pursuant to the Amended Order. Respondents must therefore file a letter on ECF by 10:00 AM this morning, November 11, 2025, certifying that Ms. Rodriguez-Acurio was released. Ordered by Judge Nusrat J. Choudhury on 11/11/2025. (JEG)

Nov 11, 2025

Order(Other)

#24

Nov 12, 2025

Transcript