Southern District of New York • 1:25-cv-09208

#1

Nov 04, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Carlos Andres Chalco-Beltran..(nb) (Entered: 11/04/2025)

#2

Nov 04, 2025

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (nb) (Entered: 11/04/2025)

#3

Nov 04, 2025

ORDER: The Court, having examined the petition in this action, Dkt. 1, which petitioner filed pursuant to 28 U.S.C. § 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York, consistent with the District's Standing Order of October 3, 2025, that this Order has been issued. Within 60 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, within 30 days from the date petitioner is served with respondents' answer. 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., Du v. United States Dep 't of Homeland Sec., No. 25 Civ. 644, 2025 WL 1317944, at * 1 (D. Conn. Apr. 24, 2025) ( enjoining defendants from "removing any Plaintiffs or putative class members from the District of Connecticut, and from deporting them from the United States" because "a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases"); Ozturk v. Hyde, No. 25 Civ. 10695, 2025 WL 1009445, at* 11 (D. Mass. Apr. 4, 2025) ("To allow the Court's resolution of its jurisdiction to decide the Petition, Ozturk shall not be removed from the United States until further Order of this Court." (citation omitted)); Leuthavone v. Salisbury, No. 97 Civ. 556, 2025 WL 1135588, at *2 (D.R.I. Apr. 17, 2025) (granting a stay ofremoval "to maintain the status quo and preserve the Court's ability to adjudicate the habeas petition"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("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 also Local 1814, Intern. 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." (cleaned up)); Garcia-Izquierdo v. Gartner, No. 4 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (under the All Writs Act, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf Michael v. INS., 48 F.3d 657, 661-62 (2d Cir. 1995) (All Writs Act provides federal court of appeals reviewing a final removal order with basis to stay removal). SO ORDERED. Pam Bondi answer due on 1/5/2026; LaDeon Francis answer due on 1/5/2026; Kristi Noem answer due on 1/5/2026. (Signed by Judge Paul A. Engelmayer on 11/4/2025) (jjc) Transmission to Pro Se Assistants for processing. (Entered: 11/04/2025)

Nov 04, 2025

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(nb)

Nov 04, 2025

Magistrate Judge Henry J. Ricardo 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. (nb)

Nov 04, 2025

Case Designated ECF. (nb)

Nov 04, 2025

Note Regarding Service on Self-Represented Party

#5

Nov 05, 2025

FRCP 4 Service Package - Mailed

#6

Nov 05, 2025

Notice of Appearance

Nov 05, 2025

MAILING RECEIPT: Document No: 3. Mailed to: Carlos Andres Chalco-Beltran A#246-441-960 by next of friend, Eva Magdalena Chalco Chango c/o Carlos Chalco Chango 111-34 41st Avenue, 1st Floor Corona, NY 11368. (anc)

Nov 05, 2025

Mailing Receipt

Nov 05, 2025

MAILING RECEIPT: Document No: 2. Mailed to: Carlos Andres Chalco-Beltran A#246-441-960 by next of friend, Eva Magdalena Chalco Chango c/o Carlos Chalco Chango 111-34 41st Avenue, 1st Floor Corona, NY 11368. (anc)

#7

Nov 06, 2025

Order Directing Payment of Fee or IFP Application

#8

Nov 06, 2025

Order for Appearance of Pro Bono Counsel

Nov 06, 2025

Mailing Receipt

Nov 06, 2025

MAILING RECEIPT: Document No: 3, 5. Mailed to: Eva Magdalena ChalcoChango c/o Carlos Chalco Chango 111-34 41st Avenue, 1st Floor Corona, NY 11368; Carlos Andres Chalco-Beltran A#246-441-960 NYC Hold Room 26 Federal Plaza 111-34 41st Avenue, 1st Floor New York, NY 10278. (nb)

Nov 07, 2025

Mailing Receipt

Nov 07, 2025

MAILING RECEIPT: Document No: 8. Mailed to: Eva Magdalena ChalcoChango c/o Carlos Chalco Chango 111-34 41st Avenue, 1st Floor Corona, NY 11368; Carlos Andres Chalco-Beltran A#246-441-960 NYC Hold Room 26 Federal Plaza 111-34 41st Avenue, 1st Floor New York, NY 10278. (anc)

Nov 07, 2025

MAILING RECEIPT: Document No: 7. Mailed to: Eva Magdalena ChalcoChango c/o Carlos Chalco Chango 111-34 41st Avenue, 1st Floor Corona, NY 11368; Carlos Andres Chalco-Beltran A#246-441-960 NYC Hold Room 26 Federal Plaza 111-34 41st Avenue, 1st Floor New York, NY 10278. (anc)

#9

Nov 09, 2025

Notice of Appearance of Pro Bono Counsel

Nov 13, 2025

Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 11/13/2025, Receipt Number 44637. (sr)

Nov 13, 2025

Pro Se Payment of Fee - Processed