Eastern District of New York • 1:26-cv-03295

#1

Jun 02, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20279984, filed by Luis Gallegos Caldas. (Attachments: # 1 Exhibit Ex. A, Detainee Locator, # 2 Exhibit Ex. B, Notice to Appear, # 3 Exhibit Ex. C, Notice to EOIR, # 4 Exhibit Ex. D, Parole Notice and ATD Enrollment, # 5 Civil Cover Sheet Civil Cover Sheet, # 6 Proposed Summons Proposed Summons and Rider) (Sangueza, Edith) (Entered: 06/02/2026)

#2

Jun 02, 2026

Summons Issued as to Judith Almodovar, Todd Blanche, Raul Maldonado, Jr, Markwayne Mullin, U.S. Attorney and U.S. Attorney General (SDM) (Entered: 06/02/2026)

#3

Jun 02, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 06/02/2026)

Jun 02, 2026

Case Assigned/Reassigned

Jun 02, 2026

Case Assigned to Judge Pamela K. Chen. 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. (SDM)

#4

Jun 03, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Luis Gallegos Caldas's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Pet., Dkt. 1 ), it is hereby ordered that: 1. Respondents shall, by 12:00 p.m. on June 8, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what distinguishes Petitioner's case from the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). In addition, Respondents are directed to state what facts, if any, distinguish this case from Inestroza Carbajal v. Frazier, No. 26-CV-2778 (SJB), 2026 WL 1309265 (E.D.N.Y. May 12, 2026), in which the court held that Respondents violated due process by initially detaining the petitioner unlawfully under 8 U.S.C. § 1225(b), and that Respondents could not cure that constitutional violation by recharacterizing the detention authority as 8 U.S.C. § 1226(a) post-hoc. See Inestroza Carbajal, 2026 WL 1309265, at *4–5. Respondents are further directed to include "affidavits and exhibits . . . to establish the lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition." See Belqui M. v. Bondi, No. 26-CV-0308 (MJD) (SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), report and recommendation adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026). 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District or the Southern District of New York absent further order of this Court. See Order to Show Cause, Samb v. Joyce, No. 25-CV-6373 (DEH) (S.D.N.Y. Aug. 4, 2025), Dkt. No. 3 (collecting cases issuing similar orders); 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"). Ordered by Judge Pamela K. Chen on 6/3/2026. (JEC) (Entered: 06/03/2026)

#5

Jun 03, 2026

NOTICE of Appearance by Kimberly Francis on behalf of Judith Almodovar, Todd Blanche, Raul Maldonado, Jr, Markwayne Mullin (aty to be noticed) (Francis, Kimberly) (Entered: 06/03/2026)