Eastern District of New York • 1:26-cv-03062

#1

May 20, 2026

PETITION for Writ of Habeas Corpus, filed by July P Sanchez, Duber O Munoz Cubides. (Attachments: # 1 Civil Cover Sheet) (CV) (Entered: 05/20/2026)

#2

May 20, 2026

MOTION for Temporary Restraining Order Emergency by Duber O Munoz Cubides, July P Sanchez. (Attachments: # 1 Proposed Order) (CV) (Entered: 05/20/2026)

May 20, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by July P. Sanchez as next friend of Petitioner Duber O. Munoz Cubides. Counsel for Respondents are directed to promptly file a notice of appearance and to show cause by 4:00 p.m. on May 22, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Cunha v. Freden, --- F. 4th. ----, 2026 WL 1146044, at *23 (2d Cir. Apr. 28, 2026). Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on May 26, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 5/20/2026. (SMR)

May 20, 2026

Order to Show Cause (463)

#3

May 21, 2026

FILING FEE: $ 5.00, receipt number 100026766 (CCF) (Entered: 05/21/2026)

#4

May 21, 2026

MOTION for Extension of Time to File Response to the Court's Order to Show Cause by Attorney General, Marcos Charles, William Joyce, Todd M. Lyons, Raul Moldanado Jr, Markwayne Mullin. (Stannard, Geoffrey) (Entered: 05/21/2026)

#5

May 21, 2026

Amended MOTION for Extension of Time to File Response to Order to Show Cause (corrected version of ECF No. 4) by Attorney General, Marcos Charles, William Joyce, Todd M. Lyons, Raul Moldanado Jr, Markwayne Mullin. (Stannard, Geoffrey) (Entered: 05/21/2026)

May 21, 2026

Order on Motion for Extension of Time to File AND Order on Motion for Extension of Time to File

May 21, 2026

ORDER: The Court GRANTS Respondents' request for an extension of time to respond to the Court's Order to Show Cause. See ECF No. 5 . Respondents shall show cause by 4:00 p.m. on May 27, 2026. Petitioner shall file his reply, if any, by 4:00 p.m. on May 29, 2026. On or before May 22, 2026, Respondents shall serve on the last known home address of Petitioner a copy of this Order and the Court's Order to Show Cause, with proof of such service to the Clerk of Court. Ordered by Judge Hector Gonzalez on 5/21/2026. (SMR)

May 24, 2026

Order to Show Cause (463)

#6

May 26, 2026

Declaration