Southern District of New York • 1:26-cv-04142

#1

May 18, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Dawntay Ricardo Allen.(laq) (Entered: 05/18/2026)

#2

May 18, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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) (laq) (Entered: 05/18/2026)

#3

May 18, 2026

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dawntay Ricardo Allen..(nb) (Entered: 05/20/2026)

May 18, 2026

Magistrate Judge Stewart D. Aaron 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. (laq)

May 18, 2026

Note Regarding Service on Self-Represented Party

May 18, 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..(laq)

May 18, 2026

Case Designated ECF. (laq)

May 19, 2026

Mailing Receipt

May 19, 2026

MAILING RECEIPT: Document No: 2. Mailed to: Dawntay Ricardo Allen Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924. (anc)

#4

May 20, 2026

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is hereby authorized. See 28 U.S.C. § 1915. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/20/2026) (jca) (Entered: 05/20/2026)

#5

May 20, 2026

ORDER TO ANSWER: Before the Court is Petitioner Dawntay Ricardo Allen's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, dated Thursday, April 30, 2026. See ECF No. 1 (Pet.). The Court received notice of the Petition on May 18, 2026. It is hereby ORDERED that: 1. By May 22, 2026 at 2 p.m., Respondent shall "show cause why the writ should not be granted." 28 U.S.C. § 2243. 2. By June 12, 2026, Petitioner shall file any reply. 3. The parties shall reserve June 17, 2026 at 10:30 a.m. for a hearing on the Petition. Should Petitioner wish to file his reply earlier, or if he informs the Court prior to June 12 that he does not intend to submit a reply, the Court will schedule the hearing for an earlier day. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued at the following emailing address: jeffrey.oestericher@usdoj.gov. The Clerk of Court is further directed to mail a copy of this Order to the self-represented Petitioner at the mailing address on the docket. SO ORDERED. (Status Conference set for 6/17/2026 at 10:30 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 5/20/2026) (jca) (Entered: 05/20/2026)

May 20, 2026

Transmission to Pro Se Assistants. Transmitted re: 5 Order to Answer, 28 U.S.C. 2241, Set Deadlines/Hearings, to the Pro Se Assistants for processing. (jca)

May 20, 2026

Transmission to Pro Se Assistants

#6

May 21, 2026

HABEAS PACKAGE MAILED to Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924 on 5/21/2026 Re: 5 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) (Entered: 05/21/2026)

#7

May 21, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 05/21/2026)

May 21, 2026

MAILING RECEIPT: Document No: 4. Mailed to: Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924. (ak)

May 21, 2026

Mailing Receipt

May 21, 2026

MAILING RECEIPT: Document No: 5. Mailed to: Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924. Order #5 mailed to self-represented Petitioner at mailing address on the docket. (ak)

#8

May 22, 2026

LETTER addressed to Judge Jennifer H. Rearden from Brandon M. Waterman dated May 22, 2026 re: Response to the Order to Show Cause. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Notice to Appear, # 3 Exhibit Form I-286).(Waterman, Brandon) (Entered: 05/22/2026)

#9

May 22, 2026

CERTIFICATE OF SERVICE of the government's response to the petition served on Dawntay Ricardo Allen on May 22, 2026. Service was made by Mail. Document filed by U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 05/22/2026)

Jun 04, 2026

Received Returned Mail

Jun 04, 2026

Received returned mail re: 5 Order to Answer, 28 U.S.C. 2241, Set Deadlines/Hearings. Mail was addressed to Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. (mjy)

#10

Jun 08, 2026

ORDER According to the Clerk of Court's June 4, 2026 docket entry, the copy of the Court's Order at ECF No. 5 that was mailed to Petitioner has been returned to sender. By June 10, 2026, Respondents shall file a letter informing the Court of Petitioners current location and mailing address. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (erw) (Entered: 06/08/2026)

Jun 08, 2026

Order

#11

Jun 10, 2026

LETTER addressed to Judge Jennifer H. Rearden from Brandon M. Waterman dated June 10, 2026 re: Response concerning Petitioner's location and address. Document filed by U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 06/10/2026)

#12

Jun 11, 2026

ORDER: Because it appears that Petitioner did not receive the Court's May 20 Order at ECF No. 5, the Court hereby sua sponte extends the deadline for Petitioner to file a reply to July 2, 2026. The hearing tentatively scheduled for June 17, 2 026 is adjourned to July 6, 2026 at 2:00 p.m. Should Petitioner wish to file his reply sooner, or if he informs the Court prior to July 2 that he does not intend to submit a reply, the Court will schedule the hearing for an earlier day. The Cle rk of Court is directed to mail a copy of this Order, Respondent's May 22, 2026 letter (ECF No. 8), and Respondent's June 10, 2026 letter (ECF No. 11) to Petitioner at the below address. Dawntay Ricardo Allen c/o ICE A245-822-361 Orange C ounty Jail 110 Wells Farm Road Goshen, New York 10924. In addition, Respondent shall serve a copy of the above-referenced items on Petitioner and file proof of service on the docket by June 15, 2026. SO ORDERED. ( Status Conference set for 7/6/2026 at 02:00 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 6/11/2026) (vfr)

Jun 12, 2026

Mailing Receipt

Jun 12, 2026

MAILING RECEIPT: Document No: 12. Mailed to: Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924. (nb)

#13

Jun 15, 2026

LETTER addressed to Judge Jennifer H. Rearden from Brandon M. Waterman dated June 15, 2026 re: Confirmation of service per the Court's June 11 Order. Document filed by U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 06/15/2026)

#14

Jul 02, 2026

LETTER addressed to Judge Jennifer H. Rearden from Dawntay Ricardo Allen dated 6/22/2026 re: Bond hearing. Document filed by Dawntay Ricardo Allen..(jca) (Entered: 07/02/2026)

#15

Jul 02, 2026

ORDER The hearing scheduled for July 6, 2026 at 2:00 p.m., see ECF No. 12, will be held by videoconference via Microsoft Teams. Only the Court and the parties shall appear by video; all others may participate by telephone. The parties will receive log-in credentials via email. Respondents shall make arrangements for Petitioner to participate in this hearing. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 193 133 718#. Members of the public may call the same number but are to keep their phones muted during the proceeding. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (erw) (Entered: 07/02/2026)

Jul 02, 2026

Order

Jul 06, 2026

Mailing Receipt

Jul 06, 2026

MAILING RECEIPT: Document No: 15. Mailed to: Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924. (kma)

Jul 06, 2026

Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 7/6/2026. By July 16, 2026, Respondent shall provide additional documentation regarding Petitioner's criminal charges in Jamaica, including the Interpol notice and arrest warrant. Respondent shall also confirm whether Jamaica has made an extradition request and whether Petitioner is represented by counsel in his immigration proceedings. Respondent shall serve a copy of the above-referenced items on Petitioner and file proof of service on the docket by July 17, 2026. Respondent is further directed to order the transcript. (Court Reporter Doug Colavito) (kwi)

Jul 13, 2026

Telephone Conference

#16

Jul 17, 2026

ORDER Respondent has not submitted the additional documentation regarding Petitioner's criminal charges in Jamaica, including the Interpol notice and arrest warrant, as discussed at the July 6, 2026 hearing. See 7/6/2026 Minute Entry (directing Respondent to file those materials by July 16, 2026). Respondent shall file the aforementioned items forthwith, along with a letter addressing whether Jamaica has made an extradition request and whether Petitioner is represented by counsel in his immigration proceedings, as also discussed at the hearing. See id. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (erw) (Entered: 07/17/2026)

#17

Jul 17, 2026

LETTER addressed to Judge Jennifer H. Rearden from Brandon M. Waterman dated July 17, 2026 re: Post-hearing submission. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Interpol Red Notice, # 2 Exhibit Jamaican Warrant).(Waterman, Brandon) (Entered: 07/17/2026)

#18

Jul 17, 2026

TRANSCRIPT of Proceedings re: conference held on 7/6/2026 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2026. Redacted Transcript Deadline set for 8/17/2026. Release of Transcript Restriction set for 10/15/2026..(Moya, Goretti) (Entered: 07/17/2026)

#19

Jul 17, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a 7/6/26 proceeding held on 7/6/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 07/17/2026)

#20

Jul 17, 2026

LETTER addressed to Judge Jennifer H. Rearden from Brandon M. Waterman dated July 17, 2026 re: Confirmation of service of the government's filing on Petitioner. Document filed by U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 07/17/2026)

Jul 17, 2026

Order

Jul 20, 2026

Mailing Receipt

Jul 20, 2026

MAILING RECEIPT: Document No: 16. Mailed to: Dawntay Ricardo Allen A245-822-361 Orange County Correctional Facility 110 Wells Farm Rd. Goshen, NY 10924. (vba)

#21

Aug 11, 2026

Letter

#22

Sep 11, 2026

OPINION & ORDER: For the foregoing reasons, the Petition is granted in part. Respondent is ORDERED to cause an individualized bond hearing for Petitioner to be conducted before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) by September 22, 2026. At the hearing, the Government shall bear the burden to prove that Petitioner is a danger to the community or a flight risk by clear and convincing evidence. If the Immigration Judge orders Petitioner's release, Respondent is directe d to immediately release him from custody. Respondent shall serve a copy of this Order on Petitioner and file proof of service on the docket no later than September 14, 2026. Respondent is further directed to file a letter updating the Court on the status of this matter by September 18, 2026. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/11/2026) (ks)

Sep 14, 2026

Mailing Receipt

#23

Sep 15, 2026

Letter

Sep 19, 2026

Order

Sep 20, 2026

Order

#26

Sep 21, 2026

Letter

#27

Sep 21, 2026

Memo Endorsement

#28

Sep 21, 2026

Letter

Sep 21, 2026

Mailing Receipt

#29

Sep 22, 2026

Memo Endorsement

#30

Sep 22, 2026

Letter

Sep 22, 2026

Mailing Receipt

Sep 23, 2026

Mailing Receipt

#31

Sep 30, 2026

Miscellaneous Relief

#33

Oct 05, 2026

Extension of Time to File Response/Reply

Oct 05, 2026

Order

#34

Oct 06, 2026

Order on Motion for Extension of Time to File Response/Reply

Oct 06, 2026

Mailing Receipt

Oct 07, 2026

Mailing Receipt