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

#7

May 27, 2026

Response to Order to Show Cause

Jun 01, 2026

Status Report Order

Jun 01, 2026

ORDER: In response to the Court's Order to Show Cause, Respondents attempt to justify Petitioner's arrest and detention by arguing that, when ICE conducted an initial custody determination on May 12, 2026, pursuant to INA § 236(a), 8 U.S.C. § 1226(a), ICE determined that "Petitioner posed a flight risk and that no forms of release on conditions would mitigate the risk of flight." See ECF No. 7 at 3. Respondents represent that ICE made that determination because, inter alia: (i) "Petitioner failed to appear for [] annual check-ins [sic] appointments on October 12, 2022, October 12, 2023, October 12, 2024, and October 12, 2025, in violation of the [Order of Release on Recognizance ("OREC")]"; (ii) the arrest warrant pursuant to which Petitioner was arrested on May 12, 2026, was issued "on the grounds that Petitioner had violated his OREC by failing to secure a prior written permission to change residence and by failing to report for his scheduled in-person check-in on October 12, 2022"; and (iii) "Petitioner attempted to flee on foot" when officers approached him on the day of his arrest. Although Respondents attach a dozen exhibits, the response raises more questions than it answers. Accordingly, on or before June 3, 2026 at 5:00 P.M., Respondents shall supplement their response by attaching evidence of the following: (1.) Evidence of the date of each appointment, including confirmation that at least two of the appointments (October 12, 2024, and October 12, 2025) were indeed scheduled for a Saturday and/or Sunday; (2.) Evidence that Petitioner was informed of each appointment; (3.) Evidence that Petitioner did not attend each appointment; (4.) Evidence Respondents relied on to determine that Petitioner changed his residence, including explaining why Respondents believe that Petitioner does not continue to reside with his spouse and children at 11-28 128th Street College Point, New York, which is the address listed on both the Notice to Appear (issued on October 12, 2021) and the Form I-213 (dated May 12, 2026); (5.) Evidence Respondents relied on to determine that Petitioner failed to establish that he had a permanent address; (6.) Evidence Respondents relied on for their representation to the Court in Officer Cuni's Declaration, ECF No. 7-2 at 3, that the arrest warrant was issued "on the grounds that Petitioner had violated his OREC by failing to secure a prior written permission to change residence and by failing to report for his scheduled in-person check-in on October 12, 2022," given that this representation is unsupported by the arrest warrant Respondents attached to their response which checks two boxes containing boilerplate language; and (7.) Evidence that Petitioner attempted to flee when approached by ICE on the date of his arrest. On or before June 2, 2026, counsel for Respondents shall serve copies of this Order on the last known home addresses of both Petitioner and Next Friend (July P. Sanchez, 11-28 128th Street College Point, New York), using overnight mail, with proof of such service to the Clerk of Court. Ordered by Judge Hector Gonzalez on 6/1/2026. (SMR)

#8

Jun 02, 2026

Certificate of Service

#9

Jun 03, 2026

Extension of Time to File Document

Jun 03, 2026

Order on Motion for Extension of Time to File

#10

Jun 04, 2026

Letter

Jun 04, 2026

Status Report Order

#11

Jun 09, 2026

Status Report

#12

Jun 12, 2026

Judgment - Clerk

Jun 12, 2026

ORDER: The Court is in receipt of Respondents' status report, in which Respondents: (i) confirm that Petitioner was released from custody on June 3, 2026; (ii) correct and withdraw certain inaccurate, sworn representations that Respondents and ICE Officer Brendan C. Cuni ("Cuni") made to this Court on May 27, 2026, including their "assertion that Petitioner failed to appear for his check-in appointments"; and (iv) request that this action be dismissed. See ECF No. 11 . Although Petitioner has not consented to dismissal, see ECF No. 11 at 1, the Court must dismiss Petitioner's application for a writ of habeas corpus as moot because he has been released from custody. See, e.g., Rauf v. Shanahan, No. 11-cv-7755, 2012 WL 1864312, at *1 (S.D.N.Y. May 21, 2012) ("When a habeas petitioner challenges only the lawfulness of his or her detention, and the petitioner is subsequently released from detention, the petition is rendered moot and should be dismissed."); see also Jackson v. Holder, 893 F. Supp. 2d 629, 631 (S.D.N.Y. 2012) (collecting cases). For the avoidance of doubt, nothing in this Order shall be construed as precluding Petitioner from timely pursuing any other causes of action arising out of his arrest and detention. On or before June 15, 2026, Respondents shall file on the docket a letter confirming that they have returned to Petitioner any and all funds or property seized from Petitioner at the time of his arrest. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff at the address provided, note the mailing on the docket, enter judgment consistent with this Order, and close this case. Ordered by Judge Hector Gonzalez on 6/12/2026. (PN)

Jun 12, 2026

Order Dismissing Case AND Order on Motion for TRO

#13

Jun 15, 2026

Letter