Completed
Case Information
Filed: May 15, 2026
Assigned to:
Gary R. Brown
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: May 20, 2026
Last Activity:
May 20, 2026
Parties:
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Docket Entries
#1
May 15, 2026
Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20224744, filed by B.P.S.. Was the Disclosure Statement on Civil Cover Sheet completed -No,, (Attachments: # 1 Exhibit parole documents, # 2 Exhibit notice to appear, # 3 Civil Cover Sheet civil cover sheet) (Marritz, Amelia) Modified on 5/15/2026 (SMF). (Entered: 05/15/2026)
#2
May 15, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 05/15/2026)
Main Document:
Quality Control Check - Attorney Case Opening
#3
May 15, 2026
MOTION to Seal for leave to file under pseudonym by B.P.S.. (Attachments: # 1 Proposed Order proposed order) (Marritz, Amelia) (Entered: 05/15/2026)
Main Document:
Seal
#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)
Main Document:
Quality Control Check - Attorney Case Opening
#5
May 15, 2026
ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by B.P.S.. In lieu of an emergency bail hearing, the Government shall, within 12 hours of the filing of this Order, file a letter SHOWING CAUSE, if any it has, as to whether it has any particularized reason to believe that Petitioner presents a danger to the community, a flight risk, or otherwise should be detained because of involvement with illegal narcotics, violence, criminal history, firearms, gang affiliation and the like.Ordered by Judge Gary R. Brown on 5/15/2026. (SMF) (Entered: 05/15/2026)
Main Document:
Order to Show Cause (463)
#6
May 15, 2026
NOTICE of Appearance by Thomas Russell Price on behalf of Todd Blanche, Antoine Frazier, Kenneth Genalo, Todd Lyons, Markwayne Mullin (aty to be noticed) (Price, Thomas) (Entered: 05/15/2026)
Main Document:
Notice of Appearance
#7
May 15, 2026
Letter in Response to the Court's May 15, 2026, Order to Show Cause 5, setting forth particularized reasons why Petitioner should not be released, by Todd Blanche, Antoine Frazier, Kenneth Genalo, Todd Lyons, Markwayne Mullin (Attachments: # 1 Exhibit A - Form I-862, Notice to Appear, # 2 Exhibit B - RAP Sheet, # 3 Exhibit C - Nassau County Police Department Arrest Report, # 4 Exhibit D - Form I-200, Warrant for Arrest) (Price, Thomas) (Entered: 05/15/2026)
Main Document:
Letter
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 Gary R. Brown. 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
#8
May 16, 2026
REPLY in Support re 5 Order to Show Cause (463),, Petitioner's reply to Respondents' letter in response to Court's Order to Show Cause filed by B.P.S.. (Attachments: # 1 Exhibit Exh. A- pre-surgery instructions) (Marritz, Amelia) (Entered: 05/16/2026)
Main Document:
Reply in Support
#9
May 16, 2026
NOTICE of Appearance by Alexandra Lynn Lampert on behalf of B.P.S. (aty to be noticed) (Lampert, Alexandra) (Entered: 05/16/2026)
Main Document:
Notice of Appearance
May 16, 2026
ORDER:Petitioner is directed to respond forthwith to DE 7 . Ordered by Judge Gary R. Brown on 5/16/2026. (RJP)
May 16, 2026
Order(Other)
May 18, 2026
ORDER:The Court declines to hold a bail hearing at this juncture. Counsel should brief the merits of the petition in accordance with the Court's Standing Order.Ordered by Judge Gary R. Brown on 5/18/2026. (RJP)
May 18, 2026
Order Unrestricting Access to 463 Case. The clerk's office is directed to remove the restriction within this matter. Ordered by Judge Gary R. Brown on 5/18/2026. (KM)
May 18, 2026
Order(Other)
May 18, 2026
Order Unrestricting Access to 463 Case
May 19, 2026
ORDER granting 3 Motion to Seal and granting Habeas Petition. Before the Court is a habeas petition by Petitioner B.P.S., who was taken into custody by ICE officers after he had been arrested and detained by Nassau County Police in connection with larceny charges. Among the claims submitted by his counsel is the contention that ICE's detention of Petitioner has interfered with his ability to contest pending criminal proceedings in Nassau County. Upon review, it appears that ICE arrested Petitioner based upon an I-200 administrative warrant executed on 2/20/2026. DE 7-4. However, the corresponding Notice to Appear was not issued until 2/21/2026. DE 7-1. Yet, "an I-200 cannot be used to effectuate an arrest before an NTA has been issued." Yeleshev v. LaRocco, No. 26-CV-2294 (SJB), 2026 WL 1353806, at *2 (E.D.N.Y. May 14, 2026). Thus, the arrest of B.P.S. was unlawful and the petition must be GRANTED. Notably, the Court has decided the case on this issue alone and offers no opinions concerning the remaining arguments raised or the ability of ICE to re-detain petitioner if authorized by law and the appropriate procedures are followed. Therefore, Respondents are ORDERED to release petitioner from their custody forthwith, returning him to the custody of Nassau County authorities only if the County has lodged a detainer. The Motion to Seal and the Petition are Granted. The Clerk is directed to enter judgment and close the case. Ordered by Judge Gary R. Brown on 5/19/2026. (Brown, Gary) Modified on 5/19/2026 (KM).
May 19, 2026
Order on Motion to Seal
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