Southern District of New York • 1:26-cv-04284

#1

May 21, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32884650) Document filed by C.A.R.R.. (Attachments: # 1 Affidavit of Karene Brown, # 2 Exhibit A, IJ Bond Decision, # 3 Exhibit B, BIA Bond Decision).(Rosen, Diana) (Entered: 05/21/2026)

#2

May 21, 2026

CIVIL COVER SHEET filed..(Rosen, Diana) (Entered: 05/21/2026)

#3

May 21, 2026

MOTION for Leave to Proceed Using Initials and Redact Certain Identifying Information . Document filed by C.A.R.R.. (Attachments: # 1 Proposed Order Proposed Order).(Rosen, Diana) (Entered: 05/21/2026)

#4

May 21, 2026

MEMORANDUM OF LAW in Support re: 3 MOTION for Leave to Proceed Using Initials and Redact Certain Identifying Information . . Document filed by C.A.R.R...(Rosen, Diana) (Entered: 05/21/2026)

#5

May 21, 2026

NOTICE OF APPEARANCE by Sayoni Maitra on behalf of C.A.R.R...(Maitra, Sayoni) (Entered: 05/21/2026)

#6

May 22, 2026

AFFIDAVIT OF SERVICE of Petition, Civil Cover Sheet, Motion to Proceed by Initials served on Kenneth Genalo, Paul Arteta, Markwayne Mullin, Daren Margolin, Todd Blanche on 05/22/2026. Service was made by Mail. Document filed by C.A.R.R...(Rosen, Diana) (Entered: 05/22/2026)

#7

May 22, 2026

NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on Friday, May 29, 2026 at 11:00 a.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents shall submit a letter, no later than May 22, 2026 at 5:00 p.m. indicating whether they believe the conference is necessary and addressing how the Court should handle this Petition. In the letter, Respondents should address: (1) whether Petitioner was, as the Petition alleges, see ECF No. 1 at 2-3, located in the Southern District of New York at the time that the Petition was filed; (2) the statutory provision(s) under which Respondents assert the authority to detain Petitioner; if Respondents assert that Petitioner is detained under 8 U.S.C. § 1226(a), they shall state the basis for their exercise of discretion to detain Petitioner; (3) whether there is any basis to distinguish this case from J.M.P. v. Arteta, 804 F. Supp. 3d 387, 392 (S.D.N.Y. 2025), or from any other decision of this Court. If Respondents take the position that the outcome of this Petition is controlled by Cunha or any other decisions of this Court, then the submission may take the form of a letter conceding that point and indicating whether Respondents would consent to issuance of the writ - subject to preservation of Respondents' arguments for appeal; (4) a copy of any final order of removal; and (5) any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents are further ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by 5:00 pm Wednesday, May 27, 2026. See 28 U.S.C. § 2243. Petitioner shall have an opportunity to reply, if necessary, by Thursday, May 28, 2026. By May 22, 2026, Petitioner's counsel is DIRECTED (1) to serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail, and (2) to promptly file proof of such service in the docket. Counsel for Respondents shall promptly enter notices of appearance. As further set forth in this Order, In light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25 Civ. 374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25 Civ. 229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19 Civ. 1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20 Civ. 22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 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"). (And as further set forth herein.) SO ORDERED. (Signed by Judge Dale E. Ho on 5/22/2026) (Show Cause Response due by 5/27/2026. Status Conference set for 5/29/2026 at 11:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (ar) (Entered: 05/22/2026)

#8

May 22, 2026

AFFIDAVIT OF SERVICE of May 22, 2026 Order served on Kenneth Genalo, Paul Arteta, Markwayne Mullin, Daren Margolin, Todd Blanche on 05/22/2026. Service was made by Mail. Document filed by C.A.R.R...(Rosen, Diana) (Entered: 05/22/2026)

#9

May 22, 2026

Notice of Appearance

#10

May 22, 2026

Letter

May 22, 2026

Case Opening Initial Assignment Notice

May 22, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

May 22, 2026

Magistrate Judge Robert W. Lehrburger 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. (vf)

May 22, 2026

Case Designated ECF. (vf)