Southern District of New York • 1:25-cv-09169

Guzman Cardenas v. Almodovar

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Case Information

Filed: November 03, 2025
Assigned to: Jesse Matthew Furman
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: November 19, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 03, 2025
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31942253)Document filed by Judith C. Almodovar. (Attachments: # 1 Exhibit IJ Order Dismissing Removal Proceedings, # 2 Exhibit Notice Of Petitioner's Application for Provisional Unlawful Presence Waiver and Father's cert. of Naturalization).(Kerben, Reuben) (Entered: 11/03/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 03, 2025
CIVIL COVER SHEET filed..(Kerben, Reuben) (Entered: 11/03/2025)
Main Document: Civil Cover Sheet
#3
Nov 03, 2025
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Lilian Patricia Guzman Cardenas. Related Document Number: 1 ..(Kerben, Reuben) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 11/03/2025)
Main Document: Proposed Order to Show Cause With Emergency Relief
#4
Nov 03, 2025
Request for Issuance of Summons
Main Document: Request for Issuance of Summons
#5
Nov 03, 2025
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Judith ALMODOVAR, Kristi Noem, Pamela Bondi,, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Lilian Patricia Guzman Cardenas..(Kerben, Reuben) (Entered: 11/03/2025)
Main Document: Request for Issuance of Amended Summons
#6
Nov 04, 2025
ELECTRONIC SUMMONS ISSUED as to Judith C. Almodovar, Pamela Bondi, Noem Kristi..(gp) (Entered: 11/04/2025)
Main Document: Summons Issued as to USA
#7
Nov 04, 2025
ORDER: To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Khalil v. Joyce, No. 25-CV-01935-JMF, 2025 WL 750599, at *l (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 3:25-CV-644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). The Court notes that the Chief Judge's October 2, 2025 Amended Standing Order staying certain civil cases involving the United States Attorney's Office for this District does not apply to immigration cases and thus does not, on its face, apply here. Nevertheless, to ensure that the Government has notice, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, on the Civil Division of the United States Attorney's Office for the Southern District of New York by email addressed to jeffrey.oestericher@usdoj.gov and (2) to docket proof of such service. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/4/2025) (tg) (Entered: 11/04/2025)
Main Document: Order
#8
Nov 04, 2025
CIVIL COVER SHEET filed..(Kerben, Reuben) (Entered: 11/04/2025)
Main Document: Civil Cover Sheet
#9
Nov 04, 2025
NOTICE OF CONFERENCE, Counsel for all parties shall appear for a conference with the Court on November 7, 2025 at 11:30 a.m. The conference will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. Counsel should confer in advance of the conference and submit a joint letter, no later than November 6, 2025, at 12:00 p.m. indicating whether the conference is necessary and addressing how the Court should handle the present Petition. In the letter, Respondents should also address whether Petitioner was, as the Petition alleges, see ECF No. 1, ¶ ¶ 6, 26, located in the Southern District of New York at the time that the Petition was filed. To ensure that the Government has notice of this Order, no later than 5 p.m. TODAY, Petitioner's counsel shall serve Respondents with a copy of this Order by emailing jeffrey.oestericher@usdoj.gov, Chief of the Civil Division of the United States Attorney's Office for the Southern District of New York, and promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter a notice of appearance. SO ORDERED. ( Telephone Conference set for 11/7/2025 at 11:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/4/25) (yv) (Entered: 11/04/2025)
Main Document: Order AND ~Util - Set Hearings
#10
Nov 04, 2025
AFFIDAVIT OF SERVICE of Judge Order served on Jeffrey Oestericher on November 4, 2025. Service was made by Mail. Document filed by Lilian Patricia Guzman Cardenas..(Kerben, Reuben) (Entered: 11/04/2025)
Main Document: Affidavit of Service Other
#11
Nov 04, 2025
AFFIDAVIT OF SERVICE of Judge Order, Habeas Petition, Order T show Cause, Summons, Amended Civil cover sheet served on Judith Almodovar, Kristi Noem, Pamela Bondi on November 4, 2025. Service was made by Mail. Document filed by Lilian Patricia Guzman Cardenas..(Kerben, Reuben) (Entered: 11/04/2025)
Main Document: Affidavit of Service Other
#12
Nov 04, 2025
Notice of Appearance
Main Document: Notice of Appearance
Nov 04, 2025
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 3 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd)
Nov 04, 2025
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Nov 04, 2025
Case Opening Initial Assignment Notice
Nov 04, 2025
Notice to Court Regarding Proposed Order
Nov 04, 2025
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp)
Nov 04, 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. (gp)
Nov 04, 2025
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Reuben Samuel Kerben to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): The Courthouse Assignment section on the PDF is Blank. Place an X in one Courthouse Assignment box and refile. (gp)
#13
Nov 05, 2025
Notice of Appearance
Main Document: Notice of Appearance
#14
Nov 06, 2025
Letter
Main Document: Letter
#15
Nov 06, 2025
Memo Endorsement AND ~Util - Set Deadlines
Main Document: Memo Endorsement AND ~Util - Set Deadlines
#16
Nov 07, 2025
Order AND ~Util - Set Deadlines/Hearings
Main Document: Order AND ~Util - Set Deadlines/Hearings
#17
Nov 10, 2025
Direct
Main Document: Direct
#18
Nov 13, 2025
Response to Petition for a Writ of Habeas Corpus
Main Document: Response to Petition for a Writ of Habeas Corpus
#19
Nov 13, 2025
Declaration in Opposition to Motion
Main Document: Declaration in Opposition to Motion
#20
Nov 14, 2025
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#21
Nov 18, 2025
Memorandum & Opinion
Main Document: Memorandum & Opinion
#22
Nov 18, 2025
Expedite
Main Document: Expedite
#23
Nov 18, 2025
ORDER with respect to 22 Letter Motion to Expedite: Respondents shall file a response no later than TOMORROW, November 19, 2025, at 9:45 a.m. Respondents should address whether returning Petitioner to the Southern District of New York is appropriate (or necessary) to effectuate the writ insofar as it would, as much as possible, return her to the position she was in when she was unlawfully seized. Respondents should also indicate in their response how quickly they could get Petitioner back to the Southern District of New York, if the Court were to grant the relief that she now seeks. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/18/2025)
Nov 18, 2025
Order on Motion to Expedite
#24
Nov 19, 2025
LETTER addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated November 19, 2025 re: the Court's Orders in Dkt Nos. 21 and 23. Document filed by Judith C. Almodovar, Pamela Bondi, Noem Kristi..(Onozawa, Tomoko) (Entered: 11/19/2025)
Main Document: Letter
#25
Nov 19, 2025
MEMORANDUM OPINION AND ORDER re 22 EMERGENCY LETTER MOTION to Expedite or Modify Order to Require Return to the Southern District of New York: For the reasons set forth within, Guzman's letter motion is GRANTED as unopposed, and Respondents are ORDERED unless Guzman requests otherwise to promptly transfer her to be released in the Southern District of New York. Respondents' protestations notwithstanding, the Court is confident given the record in other cases, see, e.g., Artiga v. Genalo, No. 25-CV-5208 (OEM), 2025 WL 2829434, at *9 (E.D.N.Y. Oct. 5, 2025) (ordering the Government to transport the petitioner from Folkston, Georgia, back to the Eastern District of New York within one day) that such transfer could be accomplished as soon as tomorrow rather than Friday (let alone the weekend). Accordingly, the Court modifies its prior Order to require release and certification thereof in the Southern District of New York by 5 p.m. TOMORROW, November 20, 2025, unless, in light of this Order, Guzman's counsel advises Respondents by noon TODAY that she would prefer immediate release from Louisiana, in which case the release and certification thereof shall be by 5 p.m. TODAY. (Signed by Judge Jesse M. Furman on 11/19/2025) (ab) (Entered: 11/19/2025)
Main Document: Memorandum & Opinion