Eastern District of New York • 1:26-cv-02669
Alvarado Rodriguez v. Maldonado
Active
Case Information
Filed: May 05, 2026
Assigned to:
Nina R. Morrison
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 22, 2026
Parties:
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Docket Entries
#1
May 05, 2026
PETITION for Writ of Habeas Corpus, filed by Jennifer Flores Alvarado, Magdaleno Alvarado Rodriguez. (Attachments: # 1 Civil Cover Sheet) (SDM) (Entered: 05/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 05, 2026
MOTION for Temporary Restraining Order by Jennifer Flores Alvarado. (SDM) (Entered: 05/05/2026)
Main Document:
Temporary Restraining Order
#3
May 05, 2026
FILING FEE: $ 5.00, receipt number 100026464 (SDM) (Entered: 05/05/2026)
Main Document:
Filing Fee Received
#4
May 05, 2026
Order to Show Cause (463)
May 05, 2026
ORDER: To preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. N.Y. 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."); Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 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"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); Ozturk v. Hyde, 136 F.4th 382 (2d Cir. 2025) (declining to stay a district court order, issued pursuant to the All Writs Act, which transferred petitioner to the district court's territorial jurisdiction, given district courts' "undeniabl[e]... inherent authority to protect [its] proceedings" (citation modified)); 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). The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorney's Office (USAO) for the Eastern District of New York. The Clerk of Court is also respectfully directed to mail a copy of this Order to Petitioner Magdaleno Alvarado Rodriguez and the next friend Jennifer Flores Alvarado. Ordered by Judge Nina R. Morrison on 5/5/2026. (JK)
May 05, 2026
Order(Other)
#5
May 06, 2026
Notice of Appearance
#6
May 06, 2026
Letter
#7
May 06, 2026
Letter
#8
May 06, 2026
Order on Motion for TRO
#9
May 07, 2026
Letter
#10
May 13, 2026
Response to Order to Show Cause
#11
May 22, 2026
Mail Returned
#12
May 22, 2026
Mail Returned
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