Southern District of New York • 1:26-cv-03144

#1

Apr 17, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32714085) Document filed by Francisco Cruz Garcia. (Attachments: # 1 Exhibit Petitioner's declaration, # 2 Exhibit Petitioner's medical records forthcoming under seal).(Maoz, Aurora) (Entered: 04/17/2026)

#2

Apr 17, 2026

CIVIL COVER SHEET filed..(Maoz, Aurora) (Entered: 04/17/2026)

#3

Apr 17, 2026

ORDER: The Court, having examined the petition in this action, hereby ORDERS that: (i) On or before April 20, 2026, the Government shall file a letter with the following information: a. Petitioners A-number and current place of detention; b. The s tatutory provision(s) under which Respondents assert the authority to detain Petitioner; c. A copy of any final order of removal; d. Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; and e. An indication of whether this case is distinguishable from previous cases decided by this Court. See, e.g., Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF). (ii) On or before April 22, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted. (iii) Petitioner shall have the opportunity to reply on or before April 29, 2026. (iv) The parties shall appear for a conference regarding the petition on May 5, 2026, at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Respondents shall produce Petitioner at this hearing. (v) To preser ve the Courts jurisdiction pending 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 Civ. 1935 (JMF), 2025 WL 750599, at *1 (S.D.N .Y. Mar. 10, 2025) (To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed unless and until the Court orders otherwise. (emphasis omitted)); Garcia-Izquierdo v. Gartner, and further set forth in this Order. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. ( R esponses due by 4/22/2026, Replies due by 4/29/2026., Status Conference set for 5/5/2026 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/17/2026) (rro)

Apr 17, 2026

Case Designated ECF. (jgo)

Apr 17, 2026

Case Opening Initial Assignment Notice

Apr 17, 2026

Notice to Attorney Regarding Party Modification

Apr 17, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aurora Maoz. The party information for the following party/parties has been modified: Judith Almodovar; Markwayne Mullin; Paul Arteta; Todd Blanche. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)

Apr 17, 2026

Magistrate Judge Valerie Figueredo 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. (jgo)

Apr 17, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(jgo)

#4

Apr 20, 2026

Notice of Appearance

#5

Apr 20, 2026

Letter

#6

Apr 21, 2026

ORDER: The Court appreciates the Government's prompt response. The Government concedes that cases this Court has already decided, including Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF), would control the result in this case. (See Cruz Garc ia Dkt. #5). In Ortiz-Lopez, this Court granted Mr. Ortiz- Lopez's petition for a writ of habeas corpus. (See Ortiz-Lopez Dkt. #13). As such, Mr. Cruz Garcia's Petition in this action is GRANTED for the reasons set forth on the record in the October 22, 2025 conference in Ortiz-Lopez. (See Ortiz-Lopez Dkt. #15). Respondents are ORDERED to release Petitioner from custody in the Southern District of New York on April 21, 2026. See Lopez Benitez v. Francis, 795 F. Supp. 3d 475, 498- 99 (S.D.N.Y. 2025). Respondents may impose only the restraints on Petitioner's liberty that existed prior to his detention. Respondents are further ORDERED to certify compliance with this ORDER no later than 5:00 p.m. on April 22, 2026. See i d.; Tuma Huamani v. Francis, No. 25 Civ. 8110 (LJL), 2025 WL 3079014, at *9 (S.D.N.Y. Nov. 4, 2025). Respondents are ENJOINED from re- detaining Petitioner without a valid exercise of discretion under 8 U.S.C. § 1226(a). Respondents are furthe r ENJOINED, absent an additional Court Order, from denying bond to Petitioner in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b). It is further ORDERED that if Petitioner is granted bond, Respond ents are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2). See Rueda Torres v. Francis, No. 25 Civ. 8408 (DEH), 2025 WL 3168759, at *6 (S.D.N.Y. Nov. 13, 2025). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 4/21/2026) (rro) Transmission to Orders and Judgments Clerk for processing.

#7

Apr 21, 2026

CLERK'S JUDGMENT re: 6 Order. in favor of Francisco Cruz Garcia against Judith Almodovar, Markwayne Mullin, Paul Arteta, Todd Blanche. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order date d April 21, 2026, Mr. Cruz Garcia's Petition in this action is GRANTED for the reasons set forth on the record in the October 22, 2025 conference in Ortiz-Lopez; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 4/21/2026) (Attachments: # 1 Notice of right to appeal) (nd)

#8

Apr 22, 2026

Letter

#9

Apr 22, 2026

Memo Endorsement