Southern District of New York • 1:26-cv-03730

#1

May 05, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32803961) Request for emergency relief to be separately filed..Document filed by Jose Miguel Algua Paz. (Attachments: # 1 Exhibit Ex A ICE Detainee Locator, # 2 Civil Cover Sheet Civil Cover Sheet).(Khan, Afshan) (Entered: 05/05/2026)

#2

May 05, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Afshan Jabeen Khan on behalf of Jose Miguel Algua Paz.(Khan, Afshan) (Entered: 05/05/2026)

#3

May 06, 2026

ORDER: Petitioner Jose Miguel Algua Paz has filed a petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the petition, hereby ORDERS that: (1) Within two business days of the date of this Order, Respondents shall file a letter with the following information: as further set forth within this Order. Upon receipt of Respondents' letter, the Court will issue a briefing schedule as appropriate. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-CV-0644, 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern 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, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. Within two business days of the date of this Order, Respondents shall file a letter with the Court with the information described in this order. (Signed by Judge Gregory H. Woods on 5/6/2026) (sgz) (Entered: 05/06/2026)

#4

May 06, 2026

CIVIL COVER SHEET filed..(Khan, Afshan) (Entered: 05/06/2026)

May 06, 2026

Case Designated ECF. (vf)

May 06, 2026

Magistrate Judge Robert W. Lehrburger 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)

May 06, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)

May 06, 2026

Case Opening Initial Assignment Notice

May 06, 2026

Notice to Attorney to Submit/File Civil Cover Sheet

May 06, 2026

Notice to Attorney Regarding Party Modification

May 06, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Afshan Jabeen Khan. The party information for the following party/parties has been modified: Paul Arteta, Judith Almodovar, Todd Blanche, Markwayne Mullin, Todd M. Lyons. The information for the party/parties has been modified for the following reason/reasons:party text was omitted. (vf)

May 06, 2026

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Afshan Jabeen Khan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)

#5

May 07, 2026

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Judith Almodovar, Paul Arteta, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Jeffrey Oestericher. Document filed by Jose Miguel Algua Paz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Khan, Afshan) (Entered: 05/07/2026)

#6

May 07, 2026

NOTICE OF VOLUNTARY DISMISSAL OF WRIT OF HABEAS CORPUS PETITION: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Petitioner Jose Miguel Algua Paz hereby moves for the Voluntary Dismissal of the above-entitled action. Petitioner Algua asks to dismiss without prejudice, with each side to bear its own costs and fees. Respondents have not served a response or motion for summary judgement in this action. Plaintiff has voluntarily dismissed this case without prejudice under F.R.C.P. 41(a)(1)(A)(i). In light of Respondent's dismissal of this action, the Government need not respond to the Court's May 6, 2026 order. Dkt. No. 3. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/7/2026) (sgz) Transmission to Orders and Judgments Clerk for processing. (Entered: 05/07/2026)

#7

May 11, 2026

Judgment - Clerk