Southern District of New York • 1:25-cv-09355

Mcdonald v. Francis

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Case Information

Filed: November 07, 2025
Assigned to: Jeannette A. Vargas
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in Habeas Corpus: INS
Active
Last Activity: November 18, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 07, 2025
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Shawnet Nickesha Mcdonald. (sac) (Entered: 11/10/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 07, 2025
DECLARATION of Chattara Kelly re: 1 Petition for Writ of Habeas Corpus. Document filed by Chattara Kelly. (sac) (Entered: 11/10/2025)
Main Document: Declaration (non-motion)
Nov 07, 2025
Magistrate Judge Gary Stein 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. (sac)
Nov 07, 2025
Case Designated ECF. (sac)
#3
Nov 10, 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 03/18/2024) (sac) (Entered: 11/10/2025)
Main Document: Standing Order re Cases Filed By Pro Se Plaintiffs
#4
Nov 10, 2025
ORDER: The Court hereby ORDERS that Petitioner shall not be removed from the United States unless and until the Court orders otherwise in order to preserve the Court's jurisdiction pending its consideration of the habeas petition. See, e.g., 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. 04-CV-7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, 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. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). A conference shall be held in this matter on November 13, 2025, at 12:30 p.m. in Courtroom 14C, United States Courthouse, 500 Pearl Street, New York, New York. A copy of this Order shall be served upon the U.S. Attorney's Office for the Southern District of New York (the "USAO"). The USAO shall take immediate steps to notify appropriate officials at ICE of this Order, and shall file a status report by no later than November 12, 2025, at 5 p.m. SO ORDERED. ( Status Conference set for 11/13/2025 at 12:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas.) (Signed by Judge Jeannette A. Vargas on 11/10/2025) (tg) (Entered: 11/10/2025)
Main Document: Order AND ~Util - Set Deadlines/Hearings
#6
Nov 10, 2025
ORDER GRANTING PRO BONO COUNSEL: For the foregoing reasons, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. Petitioner's next friend may receive court documents by email by completing the form, Consent to Electronic Service. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Jeannette A. Vargas on 11/10/2025) (tg) (Entered: 11/10/2025)
Main Document: Order for Appearance of Pro Bono Counsel
Nov 10, 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. (sac)
Nov 10, 2025
Note Regarding Service on Self-Represented Party
#7
Nov 12, 2025
Order Directing Payment of Fee or IFP Application
Main Document: Order Directing Payment of Fee or IFP Application
#8
Nov 12, 2025
Notice of Appearance
Main Document: Notice of Appearance
#9
Nov 12, 2025
Letter
Main Document: Letter
#10
Nov 12, 2025
Status Report
Main Document: Status Report
Nov 12, 2025
Mailing Receipt
#11
Nov 13, 2025
Notice of Appearance of Pro Bono Counsel
Main Document: Notice of Appearance of Pro Bono Counsel
#12
Nov 13, 2025
Conference
Main Document: Conference
Nov 13, 2025
Order on Motion for Conference
Nov 13, 2025
Status Conference
Nov 18, 2025
Pro Se Payment of Fee - Processed

Parties

Francis
Party
Mcdonald
Party