Eastern District of New York • 2:26-cv-03118
Martinez Canales v. Mullin
Active
Case Information
Filed: May 22, 2026
Assigned to:
Sanket J. Bulsara
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 27, 2026
Parties:
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Docket Entries
#1
May 22, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20250430, filed by Juan Martinez Canales. Was the Disclosure Statement on Civil Cover Sheet completed -No,, (Attachments: # 1 Exhibit A, Detainee Locator, # 2 Exhibit B, Notice to Appear, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Proposed Summons Proposed Summons) (Sangueza, Edith) Modified on 5/26/2026 (SMF). (Entered: 05/22/2026)
#2
May 26, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 05/26/2026)
Main Document:
Quality Control Check - Attorney Case Opening
#3
May 26, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 05/26/2026)
Main Document:
Quality Control Check - Attorney Case Opening
#4
May 26, 2026
Summons Issued as to Judith Almodovar, Todd Blanche, Raul Maldonado, Markwayne Mullin, U.S. Attorney and U.S. Attorney General (SMF) (Entered: 05/26/2026)
Main Document:
Summons Issued as to USA
#5
May 26, 2026
NOTICE of Appearance by Megan J. Freismuth on behalf of Judith Almodovar, Todd Blanche, Raul Maldonado, Markwayne Mullin (aty to be noticed) (Freismuth, Megan) (Entered: 05/26/2026)
Main Document:
Notice of Appearance
May 26, 2026
Case Assigned/Reassigned
May 26, 2026
Order Unrestricting Access to 463 Case AND Order to Show Cause (463)
May 26, 2026
ORDER: To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction." (quotations omitted)); Garcia-Izquierdo v. Gartner, No. 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). And in addition, 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 Southern District of New York, absent further order of this Court. See Ozturk v. Trump, 779 F. Supp. 3d 462, 496 (D. Vt. 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). Respondents must inform the Court of Petitioner's current location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention, by May 27, 2026 at 9:00 A.M. Respondents must also file a response to the writ—including any legal or factual arguments why the writ should not be granted—by May 27, 2026 at 9:00 A.M. In their response, Respondents should provide any basis to distinguish Petitioner's application from this Court's decision in Inestroza Carbajal v. Frazier, No. 26-CV-2778, 2026 WL 1309265 (E.D.N.Y. May 12, 2026). If Respondents believe this case is unique, and raises issues separate and apart from those raised in similar petitions, e.g., Rodriguez-Acurio v. Almodovar, -- F. Supp. 3d --, No. 25-CV-6065, 2025 WL 3314420, at *23 (E.D.N.Y. Nov. 28, 2025), and as a result require additional time to provide some or all of the information requested, in lieu of responding by the deadline, they may file a request for additional time with a short explanation for why this case raises unique issues not previously decided. The Clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Sanket J. Bulsara on 5/26/2026. (LOG)
May 26, 2026
Order Unrestricting Access to 463 Case. The clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Sanket J. Bulsara on 5/26/2026. (EM)
May 26, 2026
Case Assigned to Judge Sanket J. Bulsara. 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 26, 2026
Order Unrestricting Access to 463 Case
#6
May 27, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Judith Almodovar, Todd Blanche, Raul Maldonado, Markwayne Mullin (Freismuth, Megan) (Entered: 05/27/2026)
Main Document:
Response to Order to Show Cause
#7
May 27, 2026
ORDER: As explained in the attached Order, the writ 1 is granted. Respondents are directed to effectuate Petitioner's release by May 27, 2026 at 7:00 P.M. and file a letter on the docket confirming Petitioner's release by that time. Respondents are enjoined from detaining Petitioner absent further direction from this Court. Respondents may not use ICE ankle monitors or similar technology to monitor Petitioner, because in this Order the Court provisionally grants the writ. So Ordered by Judge Sanket J. Bulsara on 5/27/2026. (LOG) (Entered: 05/27/2026)
#8
May 27, 2026
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