Eastern District of New York • 1:26-cv-02792

#1

May 27, 2026

PETITION for Writ of Habeas Corpus, filed by Emilio Cordova Cruz, Reynado Cordoba Cruz. (Attachments: # 1 Civil Cover Sheet) (SDM) (Entered: 05/27/2026)

#2

May 27, 2026

MOTION for Temporary Restraining Order by Emilio Cordova Cruz. (Attachments: # 1 Proposed Order) (SDM) (Entered: 05/27/2026)

#3

May 27, 2026

FILING FEE: $ 5.00, receipt number 100026808 (SDM) (Entered: 05/27/2026)

May 27, 2026

Order to Show Cause (463)

May 27, 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 Emilio Cordova Cruz as next friend of Petitioner Reynado Cordoba Cruz. The United States Attorney, as attorney for Respondents, is directed to show cause by 12:00 pm on May 29, 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). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226.If the government's position is that Petitioner was initially detained under § 1225 and is now properly detained under § 1226, its response shall show cause as to why such a theory is proper in light of Judge Reyes's decision in Pastrana-Beltran v. Mullin, No. 26-cv-2657, 2026 WL 1398609 (E.D.N.Y. May 19, 2026). If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 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 using overnight mail with weekend delivery, 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 5:00 pm on June 3, 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 5/27/2026. (SMR)

#4

May 28, 2026

NOTICE of Appearance by Nathan Shi on behalf of Attorney General, Marcos Charles, William Joyce, Todd M. Lyons, Raul Maldonado Jr., Markwayne Mullin (aty to be noticed) (Shi, Nathan) (Entered: 05/28/2026)

#5

May 28, 2026

Letter MOTION for Extension of Time to File Response/Reply by Attorney General, Marcos Charles, William Joyce, Todd M. Lyons, Raul Maldonado Jr., Markwayne Mullin. (Shi, Nathan) (Entered: 05/28/2026)

May 28, 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 12:00 p.m. on June 3, 2026. Petitioner shall file his reply, if any, by 5:00 p.m. on June 8, 2026. On or before May 29, 2026, counsel for Respondents shall serve copies of this Order on the last known home addresses of both Petitioner and Next Friend, using overnight mail with weekend delivery, with proof of such service to the Clerk of Court. Ordered by Judge Hector Gonzalez on 5/28/2026. (SMR)

May 28, 2026

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

#6

May 29, 2026

Declaration

#7

Jun 03, 2026

Response to Order to Show Cause

#8

Jun 03, 2026

Declaration

#9

Jun 12, 2026

Letter

#10

Jun 22, 2026

Order Dismissing Case AND Order on Motion for TRO

#11

Jun 22, 2026

Judgment - Clerk