Eastern District of New York • 2:26-cv-03321

Batten Herrera v. Blanche

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Case Information

Filed: June 03, 2026
Assigned to: Orelia E. Merchant
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: June 12, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 03, 2026
Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20283958, filed by Juan Francisco Batten Herrera. Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: # 1 ICE Locator, # 2 Passport, # 3 Petitioner's Affidavit, # 4 Wife's Affiidavit, # 5 Family Court Order Showing Guardianship Over Two Nephews, # 6 Good Moral Character Letter, # 7 School Records Showing Medical Situation, # 8 2Nd School Records, # 9 Preschool Records Showing Disability, # 10 Autism Records, # 11 Proof Rehabilitation, # 12 Family Picture Evidence) (Musa-Obregon, S.) Modified on 6/3/2026 (LJ). (Entered: 06/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 03, 2026
Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by Juan Francisco Batten Herrera. (Attachments: # 1 Civil Cover Sheet) (Musa-Obregon, S.) Modified on 6/3/2026 (LJ). (Entered: 06/03/2026)
Main Document: Temporary Restraining Order
#3
Jun 03, 2026
Civil Cover Sheet.. by Juan Francisco Batten Herrera (Musa-Obregon, S.) Modified on 6/3/2026 (LJ). (Entered: 06/03/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#4
Jun 03, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. ***For any future filings, please use the most updated civil cover sheet revised 3/23/2026 and DISREGARD all previous versions*** (LJ) (Entered: 06/03/2026)
Main Document: Quality Control Check - Attorney Case Opening
#5
Jun 03, 2026
Civil Cover Sheet.. by Juan Francisco Batten Herrera (Musa-Obregon, S.) (Entered: 06/03/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#6
Jun 03, 2026
Proposed Summons. by Juan Francisco Batten Herrera (Musa-Obregon, S.) (Entered: 06/03/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#7
Jun 03, 2026
ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Emergency Petition for Writ of Habeas Corpus, filed by Juan Francisco Batten Herrera. In lieu of an emergency bail hearing, the Government shall, within 12 hours of the filing of this Order, file a letter SHOWING CAUSE, if any it has, as to whether it has any particularized reason to believe that Petitioner presents a danger to the community, a flight risk, or otherwise should be detained because of involvement with illegal narcotics, violence, criminal history, firearms, gang affiliation and the like.Ordered by Judge Gary R. Brown on 6/3/2026. (LJ) (Entered: 06/03/2026)
Main Document: Order to Show Cause (463)
#8
Jun 03, 2026
ORDER TO SHOW CAUSE: Upon consideration of Petitioner's Petition for Writ of Habeas Corpus (28 U.S.C. § 2241) and Emergency Order to Show Cause with Temporary Restraining Order, Dkt. 1 ("Petition"), IT IS HEREBY ORDERED that: (1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by June 4, 2026; (2) Petitioner shall file proof of service on the docket by June 4, 2026; (3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted by June 8, 2026. See 28 U.S.C. § 2243; (3) The parties are further ORDERED to appear before this Court for a hearing on the Petition on June 9, 2026, at 2:30 PM in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by June 8, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs; (4) Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-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 from the United States unless and until the Court orders otherwise."). So ordered by Judge Orelia E. Merchant on 6/3/2026. (IVK) (Entered: 06/03/2026)
Main Document: Order on Motion for TRO AND Order to Show Cause (463)
Jun 03, 2026
Notice: Re: Incomplete Civil Cover Sheet
Jun 03, 2026
A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)
Jun 03, 2026
Case Assigned to Judge Gary R. Brown. 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. (LJ)
Jun 03, 2026
ORDER REASSIGNING CASE. Case reassigned to Judge Orelia E. Merchant for all further proceedings. Judge Gary R. Brown no longer assigned to case. 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. Ordered by Chief Judge Margo K. Brodie on 6/3/2026. (LF)
Jun 03, 2026
Notice: Incorrect Civil Cover Sheet submitted (Please Use Link Below) The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 3.23.2026; Effective 3.24.2026). Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 3/23/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (LJ)
Jun 03, 2026
Order Reassigning Case
Jun 03, 2026
Case Assigned/Reassigned
Jun 03, 2026
Quality Control Check - Summons
#9
Jun 04, 2026
NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, Ken Genalo, Todd Lyons, Raul Maldonado, Jr, Markwayne Mulin (aty to be noticed) (Taveras, Tiffany) (Entered: 06/04/2026)
Main Document: Notice of Appearance
#10
Jun 08, 2026
CERTIFICATE OF SERVICE by Juan Francisco Batten Herrera, Todd Blanche, Ken Genalo, Todd Lyons, Raul Maldonado, Jr, Markwayne Mulin (Musa-Obregon, S.) (Entered: 06/08/2026)
Main Document: Certificate of Service
#11
Jun 08, 2026
Letter
#12
Jun 09, 2026
Letter
#13
Jun 09, 2026
Letter
Jun 09, 2026
Show Cause Hearing
Jun 09, 2026
Order(Other)
#14
Jun 10, 2026
Memorandum & Opinion
#15
Jun 10, 2026
Letter
#16
Jun 11, 2026
Judgment
Jun 12, 2026
Order(Other)