Eastern District of New York • 1:26-cv-02868

#1

May 14, 2026

PETITION for Writ of Habeas Corpus, filed by Boubou Nimaga. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 05/14/2026)

#2

May 14, 2026

FILING FEE: $ 5.00, receipt number 100026674 (KAD) (Entered: 05/14/2026)

#3

May 14, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Boubou Nimaga's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Pet., Dkt. 1 ), it is hereby ordered that: 1. Respondents shall, by 6:00 p.m. on May 19, 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 what facts, if any, distinguish this case from Inestroza Carbajal v. Frazier, No. 26-CV-2778 (SJB), 2026 WL 1309265 (E.D.N.Y. May 12, 2026), in which the court held that Respondents violated due process by initially detaining the petitioner unlawfully under 8 U.S.C. § 1225(b), and that Respondents could not cure that constitutional violation by recharacterizing the detention authority as 8 U.S.C. § 1226(a) post-hoc. See id. at *4–5. 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 Order to Show Cause, Samb v. Joyce, No. 25-CV-6373 (DEH) (S.D.N.Y. Aug. 4, 2025), Dkt. No. 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 5/14/2026. (JEC) (Entered: 05/14/2026)

#4

May 15, 2026

NOTICE of Appearance by Justin S. Kirschner on behalf of LaDeon Francis, The Attorney General (aty to be noticed) (Kirschner, Justin) (Entered: 05/15/2026)

#5

May 17, 2026

Extension of Time to File Document

May 18, 2026

Order on Motion for Extension of Time to File

#6

May 21, 2026

Notice(Other)

May 29, 2026

ORDER: The Court grants the 1 Petition for Writ of Habeas Corpus. Respondents are detaining Petitioner under the wrong statute—8 U.S.C. § 1225(b)(1) rather than § 1226(a)—and have violated Petitioner's rights under the Due Process Clause of the Fifth Amendment. The Court's reasoning will be more fully explained in a written Memorandum & Order to follow. Respondents are ordered to release Petitioner from custody immediately and no later than within 24 hours from this Order. Respondents are further directed to return to Petitioner any and all funds and property seized from Petitioner at the time of his arrest. Respondents are directed to certify compliance with the Court's Order by filing a letter on the docket no later than Monday, June 1, 2026, at 6:00 p.m. Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conjunction with release (including release on recognizance or similar instruments) without prior notice to and authorization from the Court. Petitioner must not be re-detained by Respondents without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, at which Respondents will have the burden of showing that Petitioner's re-detention is authorized under 8 U.S.C. § 1226. Ordered by Judge Pamela K. Chen on 5/29/2026. (JEC)

May 29, 2026

Scheduling Order

#7

Jun 01, 2026

Letter

#8

Jun 08, 2026

Memorandum & Opinion

#9

Jun 09, 2026

Judgment - Clerk

#10

Jun 18, 2026

Mail Returned

#11

Jul 01, 2026

Mail Returned

#12

Jul 07, 2026

Mail Returned