Southern District of New York • 1:26-cv-03471

#1

Apr 27, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32761353) Request for emergency relief to be separately filed..Document filed by Candido Rijo Avila. (Attachments: # 1 Civil Cover Sheet).(Musa-Obregon, S. Michael) (Entered: 04/27/2026)

#2

Apr 27, 2026

EMERGENCY MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction. Document filed by Candido Rijo Avila. Return Date set for 4/27/2026 at 09:30 AM..(Musa-Obregon, S. Michael) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 04/27/2026)

#3

Apr 28, 2026

ORDER: The Court, having examined the Petition, and in its Part 1 capacity, hereby ORDERS that: Within two business days of the date of this Order, the Respondents shall file a letter with the following information: and further set forth in this Order. Within two business days of the date of this Order, the Respondents shall file a memorandum in opposition as to why the Petition should not be granted. Within ten business days of the date of this Order. Petitioner shall file any reply to the Respondents' memorandum in opposition. To preserve the Court's 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-cv-1935- JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025); Garcia-Izquierdo v. Gartner, No. 04-cv-7377-RCC, 2004 WL 2093515. at *2 (S.D.N.Y. Sept. 17. 2004). To facilitate resolution of the Petition, Petitioner shall not be transferred, except to a facility within this District, the Easten District of New York, or the District of New Jersey, absent further order of this Court, See, e.g., Perez y Perez v. Noem, No. 25-cv-4828-DEH, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025). This Order shall remain in effect unless and until it is vacated or modified. 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 of this Order. The Clerk of the Court is directed to mail this Order to the Petitioner at: 140 Grand Street, Suite 307, White Plains, New York, 10601. Petitioner may receive court documents by email, rather than by mail, by completing the Consent to Electronic Service fonn (https://nysd.uscourts. gov/sites/default/files/2021-03/Consent Pro-Se Eservice-form.pdf). (Signed by Judge Richard M. Berman, Part 1 on 4/28/2026) (rro) Transmission to Docket Assistant Clerk for processing. (Entered: 04/28/2026)

#4

Apr 28, 2026

ORDER re: 3 The parties shall appear for a case management conference with the Court on May 1, 2026 at 11:00 a.m. The conference will be held in Courtroom 320 of the Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, New York 10601-4150. No later than today, April 28, 2026, Petitioner's counsel shall (1) serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, to the Civil Division of the U.S. Attorney's Office, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. ( Case Management Conference set for 5/1/2026 at 11:00 AM in Courtroom 320, 300 Quarropas Street, White Plains, NY 10601 before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 04/28/2026) (stt) (Entered: 04/28/2026)

Apr 28, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney S. Michael Musa-Obregon. The party information for the following party/parties has been modified: Candido Rijo Avila, Markwayne Mullin, Todd Blanche, Todd, Ken Genalo. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)

Apr 28, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney S. Michael Musa-Obregon to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 2025; the wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (vf)

Apr 28, 2026

Case Designated ECF. (vf)

Apr 28, 2026

Notice to Attorney Regarding Party Modification

Apr 28, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

Apr 28, 2026

Case Opening Initial Assignment Notice

Apr 28, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Apr 28, 2026

Magistrate Judge Judith C. McCarthy 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 28, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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 28, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney S. Michael Musa-Obregon. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General)). Corrections were updated as per the Civil Cover Sheet. (vf)

#5

Apr 29, 2026

Notice of Appearance

Apr 29, 2026

Mailed a copy of 3 Order to Answer, 28 U.S.C. 2241, to Candido Rijo Avila, 140 Grand Street, Suite 307, White Plains, New York, 10601. (vn)

Apr 29, 2026

Mail Order by USPS

#6

Apr 30, 2026

Letter

#7

Apr 30, 2026

Memo Endorsement AND ~Util - Set Deadlines/Hearings

#8

Apr 30, 2026

Letter

#9

May 07, 2026

***STRICKEN DOCUMENT. Document number 9 has been stricken from the case record. The document was stricken from this case pursuant to 14 Order . MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus, . Document filed by Todd Blanche, Ken Genalo, Todd Lyons, Markwayne Mullin. Modified on 5/8/2026 (ar). (Entered: 05/07/2026)

#10

May 07, 2026

DECLARATION of Supervisory Detention and Deportation Officer Brenden Cuni in Opposition re: 1 Petition for Writ of Habeas Corpus, 9 Memorandum of Law in Opposition,,,. Document filed by Todd Blanche, Ken Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 05/07/2026)

#11

May 07, 2026

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus, . Document filed by Todd Blanche, Ken Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 05/07/2026)

#12

May 07, 2026

RESPONSE re: 11 Memorandum of Law in Opposition, 10 Declaration in Opposition, 1 Petition for Writ of Habeas Corpus, . Document filed by Todd Blanche, Ken Genalo, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit A, Form I-213, Record of Deportable-Inadmissible Alien, Jul. 26, 2003, # 2 Exhibit B, Warrant for Arrest, Form I-200, Jul. 26, 2003, # 3 Exhibit C, Notice to Appear, Form I-862, Jul. 26, 2003, # 4 Exhibit D, Immigration and Naturalization Service Bond, Jul. 26, 2003, # 5 Exhibit E, Order of Removal In Absentia, Feb. 3, 2004, # 6 Exhibit F, Warrant for Arrest of Alien, Form I-200, Apr. 27, 2026, # 7 Exhibit G, Post-Arrest Notices to Detainee, Apr. 27, 2026, # 8 Exhibit H, Petitioner's Redacted Passport, # 9 Exhibit I, Form I-213, Record of Deportable-Inadmissible Alien, Apr. 27, 2026, # 10 Exhibit J, Warrant of Removal-Deportation, Feb. 5, 2026).(Neagu, Tudor) (Entered: 05/07/2026)

#13

May 08, 2026

LETTER addressed to Judge Jessica G. L. Clarke from Tudor Neagu dated May 8, 2026 re: Request to Strike ECF No. 9. Document filed by Todd Blanche, Ken Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 05/08/2026)

#14

May 08, 2026

MEMO ENDORSEMENT on re: 13 Letter filed by Markwayne Mullin, Todd Blanche, Todd Lyons, Ken Genalo. ENDORSEMENT: Application GRANTED. The Court directs the Clerk of Court to strike ECF No. 9. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 5/8/2026) (ar) (Entered: 05/08/2026)

May 08, 2026

ORDER It is hereby ORDERED that all parties appear for a conference with the Court on May 15, 2026, at 11:00 a.m. The conference shall be held in Courtroom 320 of the Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, New York 10601-4150. The parties should be prepared to discuss the Petition for Writ of Habeas Corpus. The Court intends to rule on the Petition at the conference. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (IEF)

May 08, 2026

Order

#15

May 13, 2026

Order

#16

May 13, 2026

Letter

#17

May 13, 2026

Letter

#18

May 13, 2026

Memo Endorsement AND ~Util - Set Deadlines

#19

May 14, 2026

Letter

#20

May 14, 2026

Order

#21

May 15, 2026

Letter

May 15, 2026

Writ Hearing