Southern District of New York • 1:26-cv-03965
Benitez v. Immigration (DHS)
Active
Case Information
Filed: May 13, 2026
Assigned to:
Andrew Lamar Carter Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
May 22, 2026
Parties:
View All Parties →
Docket Entries
#1
May 13, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Amadeo A. Benitez..(nb) (Entered: 05/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 13, 2026
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Amadeo A. Benitez. (nb) (Entered: 05/13/2026)
Main Document:
Request to Proceed In Forma Pauperis
#3
May 13, 2026
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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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 3/18/2024) (nb) (Entered: 05/13/2026)
Main Document:
Standing Order re Cases Filed By Pro Se Plaintiffs
#4
May 13, 2026
Petitioner has filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, determines that an immediate order is necessary to preserve the Court's jurisdiction. Accordingly, in order 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 Dept 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 courts jurisdiction over a case or cases.). Moreover, in light of Petitioners 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 petitioners 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. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 05/13/2026)
#5
May 13, 2026
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. The Government is ORDERED to file a letter by May 18, 2026 detailing under what grounds Petitioner is being detained. The Court ORDERS the Parties appear at a telephonic conference on May 28, 2026 at 3:30 p.m. The Parties should contact the Court at l -855-244-8681 (access code: 2305 370 0226#). SO ORDERED. (Telephone Conference set for 5/28/2026 at 03:30 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 5/13/2026) (jca) (Entered: 05/13/2026)
Main Document:
Order AND ~Util - Set Hearings
May 13, 2026
Note Regarding Service on Self-Represented Party
May 13, 2026
Order
May 13, 2026
Case Designated ECF. (nb)
May 13, 2026
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..(nb)
May 13, 2026
Magistrate Judge Sarah Netburn 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. (nb)
May 14, 2026
MAILING RECEIPT: Document No: 3,4,5. Mailed to: Amadeo A. Benitez A#202500705 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (ml)
May 14, 2026
Mailing Receipt
#6
May 18, 2026
Letter
Main Document:
Letter
#7
May 22, 2026
Notice of Appearance of Pro Bono Counsel
Main Document:
Notice of Appearance of Pro Bono Counsel
Parties
Benitez
Party
Immigration (DHS)
Party