Southern District of New York • 1:26-cv-02903

#1

Apr 08, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32671172) Request for emergency relief to be separately filed..Document filed by William Fabian Peralta Malla. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE Detainee Locator, # 3 Exhibit Birth Certificate of Petitioner's USC Child, # 4 Exhibit Notice to Appear).(Soto, Andrea) (Entered: 04/08/2026)

#2

Apr 08, 2026

ORDER: The undersigned ORDERS as follows: Petitioner's transfer or removal to any location outside the geographic operation of Immigration and Custom Enforcement's New York field office is ADMINISTRATIVELY STAYED pending further order of the Court. 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 that this order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED. (Signed by Judge Analisa Torres on 4/8/2026) (vfr) (Entered: 04/08/2026)

#3

Apr 08, 2026

ORDER TO SHOW CAUSE: The Court is in receipt of Petitioner's application for a writ of habeas corpus under 28 U.S.C. § 2241. See ECF No. 1. The Court ORDERS as follows: 1. By April 9, 2026, Respondents shall file a letter with the following information: a. The statutory provision(s) under which Respondents assert the authority to detain Petitioner; b. Whether Petitioner is a member of the "bond eligible" class certified in Bautista v. Santacruz, No. 25 Civ. 1873, 2025 WL 3288403, at *1 (C.D. Cal. Nov. 25, 2025) (order certifying class) and therefore entitled to declaratory judgment providing that Petitioner is detained under 8 U.S.C. § 1226(a) and not subject to mandatory detention under § 1225(b)(2), see Bautista v. Santacruz, No. 25 Civ. 1873, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025) (final judgment); c. Whether there is any basis to distinguish this case from Gonzalez v. Joyce, No. 25 Civ. 8250, 2025 WL 2961626 (AT) (S.D.N.Y. Oct. 19, 2025), Cuy Comes v. DeLeon, No. 25 Civ. 9283, 2025 WL 3206491 (AT) (S.D.N.Y. Nov. 14, 2025), Perez Velasquez v. Noem, No. 25 Civ. 10338 (AT), 2025 WL 3707526 (S.D.N.Y. Dec. 22, 2025), or Galvez Galvez v. Francis, No. 26 Civ. 161 (AT), 2026 WL 84493 (Jan. 12, 2026); d. Whether, if there is no basis to distinguish the aforementioned cases, Respondents consent to issuance of the writ and/or waive the right to answer, subject to preservation of Respondents' arguments for appeal; and e. Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. 2. By April 9, 2026, Respondents shall also confirm that Petitioner remains detained within this District, the Eastern District of New York, or the District of New Jersey, in compliance with the Court's administrative stay order. 3. By April 10, 2026, Respondents shall file an answer to the petition. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this order. SO ORDERED. (Signed by Judge Analisa Torres on 4/8/2026) (sgz) (Entered: 04/09/2026)

Apr 08, 2026

Case Designated ECF. (vf)

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. (vf)

Apr 08, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)

Apr 08, 2026

Case Opening Initial Assignment Notice

Apr 08, 2026

Notice to Attorney to Submit/File Civil Cover Sheet

Apr 08, 2026

Notice to Attorney Regarding Party Modification

Apr 08, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrea C Soto. The party information for the following party/parties has been modified: Markwayne Mullin, Todd Blanche, Kenneth Genalo, Paul Arteta. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

Apr 08, 2026

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andrea C Soto. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)

#4

Apr 09, 2026

Notice of Appearance

#5

Apr 09, 2026

Letter

#6

Apr 10, 2026

Reply (non-motion)

#7

Apr 10, 2026

Declaration in Opposition (non-motion)

#8

Apr 11, 2026

Memorandum of Law in Opposition (non-motion)

#9

Apr 11, 2026

Response (non-motion)

#10

Apr 13, 2026

CONSENT LETTER MOTION for Extension of Time to file Government Response Papers Nunc Pro Tunc addressed to Judge Analisa Torres from Brandon M. Waterman dated April 13, 2026. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Waterman, Brandon) (Entered: 04/13/2026)

#11

Apr 14, 2026

Order on Motion for Extension of Time

#12

Apr 16, 2026

Reply (non-motion)

#13

Apr 29, 2026

Order

#14

Apr 30, 2026

LETTER MOTION for Extension of Time to Respond to the Second Question in the Court's April 29 Order addressed to Judge Analisa Torres from Brandon M. Waterman dated April 30, 2026. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Waterman, Brandon) (Entered: 04/30/2026)

#15

Apr 30, 2026

LETTER addressed to Judge Analisa Torres from Brandon M. Waterman dated April 30, 2026 re: Response to the First Question in the Court's April 29 Order. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Markwayne Mullin. (Attachments: # 1 Exhibit Updated RAP Sheet dated 4/29/2026, # 2 Exhibit Information NYPL 125.15-01, # 3 Exhibit Information NYPL 125.12-01, # 4 Exhibit Information NYVTL 1192-03, # 5 Exhibit Information NYVTL 1192-02, # 6 Exhibit Information NYVTL 1212, # 7 Exhibit Uniform Traffic Ticket 1180).(Waterman, Brandon) (Entered: 04/30/2026)

#16

Apr 30, 2026

Order on Motion for Extension of Time

#17

May 04, 2026

Letter

#18

May 06, 2026

Letter

#19

May 14, 2026

Order

#20

May 15, 2026

Judgment - Clerk