Eastern District of New York • 2:26-cv-02911

#1

May 15, 2026

Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20221803, filed by Rene Orlando De la Rosa Izaguirre. Was the Disclosure Statement on Civil Cover Sheet completed -No,, (Attachments: # 1 ICE Locator Inputs, # 2 ICE Locator Results, # 3 Documents from Child Administration Washington, DC, # 4 Petitioner's Guardianship Order Nassau County Family Court NY, # 5 Petitioner's Son's I-360 Receipt 797c) (Musa-Obregon, S.) Modified on 5/15/2026 (SMF). (Entered: 05/15/2026)

#2

May 15, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by Rene Orlando De la Rosa Izaguirre. (Attachments: # 1 Civil Cover Sheet) (Musa-Obregon, S.) (Entered: 05/15/2026)

#3

May 15, 2026

Proposed Summons.Civil Cover Sheet.. by Rene Orlando De la Rosa Izaguirre (Musa-Obregon, S.) (Entered: 05/15/2026)

#4

May 15, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 05/15/2026)

#5

May 15, 2026

CERTIFICATE OF SERVICE by Todd Blanche, Rene Orlando De la Rosa Izaguirre, Kenneth Genalo, Todd Lyons, Markwayne Mullin (Musa-Obregon, S.) (Entered: 05/15/2026)

#6

May 15, 2026

ORDER TO SHOW CAUSE & TEMPORARY RESTRAINING ORDER: Upon review of Petitioner Rene Orlando De la Rosa Izaguirre's Emergency Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1 ), it is hereby ordered that: 1. Respondents shall, by 6:00 p.m. on May 20, 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) ("§ 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 recognized that, when detaining a person pursuant to § 1226(a), "ICE [must] engage in a deliberative process prior to, or contemporaneous with, the initial decision to strip a person of the freedom that lies at the heart of the Due Process Clause," (id. at *3 (quoting Chipantiza-Sisalema v. Francis, No. 25-CV-5528 (AT), 2025 WL 1927931, at *3 (S.D.N.Y. July 13, 2025))), and held that the respondents violated due process by detaining the petitioner "without an initial custody determination," (id. at *4); see also Gopie v. Lyons, No. 25-CV-05229 (SJB), 2025 WL 3167130, at *1 (E.D.N.Y. Nov. 13, 2025) (granting a writ of habeas corpus because the petitioner was arrested and respondents only issued the NTA three days later). 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). Respondents are also directed to address: a. Where Petitioner is currently being detained. b. The basis for Petitioner's stop on May 14, 2026, which Petitioner alleges was unlawfully race-based. (See Pet., Dkt. 1, 21); Escobar Molina v. U.S. Dep't of Homeland Sec., No. 25-CV-3417 (BAH), 2025 WL 3465518, at *13 (D.D.C. Dec. 2, 2025) (drawing from Fourth Amendment standard and granting preliminary injunction upon finding likelihood of plaintiffs' success on the merits, where plaintiffs challenged Department of Homeland Security's practice of warrantless arrests on statutory grounds). 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 emergency motion for a temporary restraining order, (see Dkt. 2), and his interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Petitioner's motion is GRANTED and 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 Samb v. Joyce, No. 25-CVi6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 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 5/15/2026. (MBH) (Entered: 05/15/2026)

May 15, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

May 15, 2026

Case Assigned to Judge Pamela K. Chen. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SMF)

May 15, 2026

Case Assigned/Reassigned

May 15, 2026

Quality Control Check - Summons

#7

May 20, 2026

Extension of Time to File Document

May 20, 2026

Order on Motion for Extension of Time to File

May 20, 2026

SCHEDULING ORDER: Respondents' 7 consented-to request for a two-day extension of time to respond to the Court's May 15, 2026 Order to Show Cause is GRANTED. (See 5/15/2026 Dkt. Order.) Respondents are directed to respond to the Court's May 15, 2026 Order to Show Cause no later than 6:00 p.m. on May 22, 2026. Petitioner's reply, if any, shall be filed no later than no later than 6:00 p.m. on June 1, 2026. Ordered by Judge Pamela K. Chen on 5/20/2026. (MBH)

#8

May 22, 2026

Response to Order to Show Cause