Eastern District of New York • 1:26-cv-02714

#1

May 06, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20190516, filed by Chidozie Wilson Okeke. (Attachments: # 1 Civil Cover Sheet) (Trivedi, Rhidaya) (Entered: 05/06/2026)

#2

May 06, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 05/06/2026)

#3

May 06, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Chidozie Wilson Okeke's Emergency Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that: 1. Respondents shall, by 6:00 p.m. on May 11, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what distinguishes Petitioner's case from the Second Circuit's holding in Cunha v. Freden, --- F. 4th. ----, 2026 WL 1146044, at *23 (2d Cir. Apr. 28, 2026). In addition, Respondents are directed to state: a.What distinguishes Petitioner's case from the numerous cases in which the petitioner, who was residing in the United States, was found to be improperly detained under 8 U.S.C. § 1225(b)(2). See Padilla Molina v. DeLeon, No. 25-CV-6526 (JMA), 2025 WL 3718728, at *3 (E.D.N.Y. Dec. 23, 2025) (compiling cases); O.F.C. v. Almodovar, No. 25-CV-9816 (LJL), 2026 WL 74262, at *5 (S.D.N.Y. Jan. 9, 2026) (explaining that courts have consistently found that § 1226(a) applies to noncitizens who entered without inspection and were later apprehended within the country). b.The basis for Petitioner's stop on May 2, 2026, which Petitioner alleges was unlawfully race-based. (See Pet., Dkt. 1, 30); Escobar Molina v. U.S. Dep't of Homeland Sec., No. 25-CV-3417 (BAH), 2025 WL 3465518, at *13 (D.D.C. Dec. 2, 2025) (drawing from Fourth Amendment standard and granting preliminary injunction upon finding likelihood of plaintiffs' success on the merits, where plaintiffs challenged Department of Homeland Security's practice of warrantless arrests on statutory grounds). Finally, Respondents are further directed to include "affidavits and exhibits . . . to establish the lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition." See Belqui M. v. Bondi, No. 26-CV-0308 (MJD) (SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), report and recommendation adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026). 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Samb v. Joyce, No. 25-CVi6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 5/6/2026. (MBH) (Entered: 05/06/2026)

May 06, 2026

Case Assigned to Judge Pamela K. Chen. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV)

May 06, 2026

Case Assigned/Reassigned

#4

May 07, 2026

Notice of Appearance

#5

May 08, 2026

Extension of Time to File Document

May 08, 2026

Order on Motion for Extension of Time to File

May 08, 2026

ORDER: The Court is in receipt of the parties' 5 joint "request that the Court adjourn the [Court's Order to Show Cause deadline], while the parties evaluate the need for litigation." (Dkt. 5.) The Court grants this request and adjourns the deadline imposed in its May 6, 2026 Order to Show Cause. (See Dkt. 3.) The parties are directed to file a status report no later than 6:00 p.m. on May 18, 2026. Ordered by Judge Pamela K. Chen on 5/8/2026. (MBH)

#6

May 18, 2026

Status Report

May 19, 2026

Scheduling Order

May 19, 2026

SCHEDULING ORDER: The Court is in receipt of the parties' 6 status report indicating that Petitioner intends to file an I-130 Petition soon, and "after it is filed, Petitioner intends to move for a bond hearing under 8 U.S.C. § 1226(a)." (Dkt. 6.) Accordingly, the parties jointly request that "the Court continue to hold in abeyance all deadlines until after Petitioner has a bond hearing, except that the parties are prepared to file further status pursuant to the Courts direction." (Id.) The parties' request is granted, and they are directed to file a joint status report no later than June 2, 2026. Ordered by Judge Pamela K. Chen on 5/19/2026. (MBH)