Southern District of New York • 1:26-cv-04635

#1

Jun 02, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number BNYSDC-32933646) Document filed by Benjamin Quijada..(Bembi, Bruno) (Entered: 06/02/2026)

#2

Jun 02, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bembi, Bruno) Modified on 6/2/2026 (vf). (Entered: 06/02/2026)

#3

Jun 02, 2026

ORDER: On June 2, 2026, Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the petition in this action, hereby ORDERS that: (i) On or before June 3, 2026, the Government shall file a letter with the following information: a. Petitioner's A-number and current place of detention; b. The statutory provision(s) under which Respondents assert the authority to detain Petitioner; c. A copy of any final order of removal; d. Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; and e. An indication of whether this case is distinguishable from previous cases decided by this Court or by the Second Circuit. See, e.g., Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Ortiz- Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF); Reyes v. King, No. 19 Civ. 8674 (KPF), 2021 WL 3727614, at *6-7 (S.D.N.Y. Aug. 20, 2021). (ii) On or before June 5, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted. (iii) Petitioner shall have the opportunity to reply on or before June 12, 2026. (iv) The parties shall appear for a conference regarding the petition on June 16, 2016, at 12:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Respondents shall produce Petitioner at this hearing. (v) To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States without an order by this Court allowing such removal. See, e.g., M.K. v. Joyce, No. 25 Civ. 1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed unless and until the Court orders otherwise." (emphasis omitted)); Garcia-Izquierdo v. Gartner, No. 4 Civ. 7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) ("Under the All Writs Act, 28 U.S.C. § 1651, the Court may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case."). (vi) Moreover, to facilitate resolution of the petition, 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 Samb v. Joyce, No. 25 Civ. 6373 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. #3 at 2) (collecting cases in support of enjoining transfer of petitioner outside of the New York City area). Status Conference set for 6/16/2026 at 12:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/2/2026) (rro) (Entered: 06/02/2026)

Jun 02, 2026

Case Designated ECF. (vf)

Jun 02, 2026

Magistrate Judge Sarah L. Cave 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)

Jun 02, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)

Jun 02, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

Jun 02, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Jun 02, 2026

Case Opening Initial Assignment Notice

Jun 02, 2026

Notice to Attorney Regarding Party Modification

Jun 02, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Bruno Joseph Bembi to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Courthouse Assignment Section of Form not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)

Jun 02, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bruno Joseph Bembi. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Orange. (vf)

Jun 02, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bruno Joseph Bembi. The party information for the following party/parties has been modified: Benjamin Quijada, Markwayne Mullin,Officer Montgomery. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf)

#4

Jun 03, 2026

Notice of Appearance

#5

Jun 03, 2026

Letter