Eastern District of New York • 1:26-cv-02053

Rubio Bohorquez v. Mullin

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Case Information

Filed: April 07, 2026
Assigned to: Ann Marie Donnelly
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 10, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 07, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20085657, filed by Rafael Andres Rubio Bohorquez. (Attachments: # 1 Exhibit ICE Detainee Locator) (Ngo, Nhu-Y) (Entered: 04/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 07, 2026
Civil Cover Sheet.. by Rafael Andres Rubio Bohorquez (Ngo, Nhu-Y) (Entered: 04/07/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#3
Apr 07, 2026
Civil Cover Sheet.. by Rafael Andres Rubio Bohorquez (Ngo, Nhu-Y) (Entered: 04/07/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#4
Apr 07, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 04/07/2026)
Main Document: Quality Control Check - Attorney Case Opening
Apr 07, 2026
Notice: Missing Civil Cover Sheet. (Please Use Link Below) The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 3.23.2026; Effective 3.24.2026). Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. 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 3/23/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV)
Apr 07, 2026
Order to Show Cause (463)
Apr 07, 2026
Case Assigned/Reassigned
Apr 07, 2026
Notice: Re: Incomplete Civil Cover Sheet
Apr 07, 2026
ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by Rafael Andres Rubio Bohorquez. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on April 10, 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 opinion in 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 14, 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 4/7/2026. (EHS)
Apr 07, 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 07, 2026
Notice: Case Requires Newly Updated Civil Cover Sheet. (Please Use Link Below) The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 3.23.2026; Effective 3.24.2026). Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. 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 3/23/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV)
#5
Apr 08, 2026
NOTICE of Appearance by Alexandra Megaris on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin (aty to be noticed) (Megaris, Alexandra) (Entered: 04/08/2026)
Main Document: Notice of Appearance
#6
Apr 10, 2026
Response to Order to Show Cause

Parties

Mullin
Party
Rubio Bohorquez
Party