Southern District of New York • 1:26-cv-03936

#1

May 12, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32836668) Request for emergency relief to be separately filed..Document filed by Jose Humberto Deras..(Urbelis, Alexander) (Entered: 05/12/2026)

#2

May 12, 2026

CIVIL COVER SHEET filed..(Urbelis, Alexander) (Entered: 05/12/2026)

#3

May 12, 2026

ORDER re: 1 Petition for Writ of Habeas Corpus filed by Jose Humberto Deras. On May 12, 2026, Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the petition in this action, hereby ORDERS that: (i) On or before May 13, 2026, the Government shall file a letter with the following information: a. Petitioner's A-number and current place of detention; b. The statutory provision(s) under which Respondents assert the authority to detain Petitioner; c. A copy of any final order of removal; d. Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; and e. An indication of whether this case is distinguishable from previous cases decided by this Court. See, e.g., Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF). (ii) On or before May 15, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted. (iii) Petitioner shall have the opportunity to reply on or before May 22, 2026. (iv) 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 Civ. 1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed unless and until the Court orders otherwise." (emphasis omitted)); Garcia-Izquierdo v. Gartner, No. 4 Civ. 7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) ("Under the All Writs Act, 28 U.S.C. § 1651, the Court may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case."). (v) Moreover, to facilitate resolution of the petition, Petitioner shall not be transferred, 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 Samb v. Joyce, No. 25 Civ. 6373 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. #3 at 2) (collecting cases in support of enjoining transfer of petitioner outside of the New York City area). (vi) The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/12/2026) (Replies due by 5/22/2026. Responses due by 5/15/2026) (ar) (Entered: 05/12/2026)

May 12, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 12, 2026

Case Opening Initial Assignment Notice

May 12, 2026

Notice to Attorney Regarding Party Modification

May 12, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Joseph Urbelis. The party information for the following party/parties has been modified: 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 12, 2026

Case Designated ECF. (vf)

May 12, 2026

Magistrate Judge Stewart D. Aaron 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)

#4

May 13, 2026

Notice of Appearance

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May 13, 2026

Letter

#6

May 15, 2026

Extension of Time

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May 15, 2026

Order on Motion for Extension of Time

#8

May 19, 2026

Leave to File Document

#9

May 20, 2026

Order on Motion for Leave to File Document