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)