Active
Case Information
Filed: June 04, 2026
Assigned to:
Arun Subramanian
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
June 05, 2026
Parties:
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Docket Entries
#1
Jun 04, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32948320) Request for emergency relief to be separately filed..Document filed by WALTER MELARA MARTINEZ..(O'Dwyer, Paul) (Entered: 06/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 04, 2026
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(O'Dwyer, Paul) Modified on 6/4/2026 (jgo). (Entered: 06/04/2026)
Main Document:
Civil Cover Sheet
#3
Jun 04, 2026
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian Hoffman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by WALTER MELARA MARTINEZ. (Attachments: # 1 Affidavit in Support of Motion to Appear Pro Hac Vice).(O'Dwyer, Paul) Modified on 6/4/2026 (bc). (Entered: 06/04/2026)
Main Document:
Appear Pro Hac Vice
#4
Jun 04, 2026
CIVIL COVER SHEET filed..(O'Dwyer, Paul) (Entered: 06/04/2026)
Main Document:
Civil Cover Sheet
#5
Jun 04, 2026
ORDER: The Court is in receipt of the habeas corpus petition. Dkt. 1. The petition is partially granted as follows: Respondents are enjoined from transferring petitioner to any location outside the Southern District of New York, the Eastern District of New York, or the District of New Jersey absent this Court's prior approval. Respondents are ordered to file their response to the pending petition for habeas corpus by June 5, 2026 at 5:00 PM. That briefing should address (1) the basis for petitioner's detention, (2) the circumstances of the arrest, (3) whether petitioner has previously been detained in immigration custody and released (and under what authority), (4) what process petitioner was given, and (5) depending on the basis for detention, whether it is distinguishable from the issue addressed in the Court's prior ruling in Diallo v. Joyce, 817 F. Supp. 3d 202 (S.D.N.Y. 2025). If this case cannot be distinguished from Diallo, then respondents may submit a letter indicating that or otherwise consenting to petitioner's release. The Clerk of Court is respectfully directed to send a copy of this order to Jeffrey.Oestericher@usdoj.gov. SO ORDERED. (Signed by Judge Arun Subramanian on 6/4/2026) Todd Blanche answer due 6/5/2026; Ken Genalo answer due 6/5/2026; Markwayne Mullin answer due 6/5/2026. (ks) Transmission to Docket Assistant Clerk for processing. (Entered: 06/04/2026)
Main Document:
Order AND ~Util - Set Deadlines/Hearings
#6
Jun 04, 2026
NOTICE OF APPEARANCE by Melissa A. Childs on behalf of Todd Blanche, Ken Genalo, Markwayne Mullin..(Childs, Melissa) (Entered: 06/04/2026)
Main Document:
Notice of Appearance
#7
Jun 04, 2026
CONSENT LETTER MOTION for Extension of Time to File Response to Petition (Dkt. 1) and Order (Dkt. 5) addressed to Judge Arun Subramanian from Assistant U.S. Attorney Melissa A. Childs dated June 4, 2026. Document filed by Todd Blanche, Ken Genalo, Markwayne Mullin..(Childs, Melissa) (Entered: 06/04/2026)
Main Document:
Extension of Time to File Document
Jun 04, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul O'Dwyer to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 2025;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)
Jun 04, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul O'Dwyer. The party information for the following party/parties has been modified: WALTER MELARA MARTINEZ; KEN GENALO; MARKWAYNE MULLIN; TODD BLANCHE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)
Jun 04, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(jgo)
Jun 04, 2026
Magistrate Judge Gabriel W. Gorenstein 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. (jgo)
Jun 04, 2026
Case Designated ECF. (jgo)
Jun 04, 2026
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 3 MOTION for Brian Hoffman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Ohio; missing Proposed Order; the filing fee was not paid; Case Caption is missing, Case number is missing;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bc)
Jun 04, 2026
Notice to Attorney Regarding Deficient Civil Cover Sheet
Jun 04, 2026
Notice to Attorney Regarding Party Modification
Jun 04, 2026
Case Opening Initial Assignment Notice
Jun 04, 2026
Notice Regarding Deficient Motion to Appear Pro Hac Vice
#8
Jun 05, 2026
Order on Motion for Extension of Time to File
Main Document:
Order on Motion for Extension of Time to File
#9
Jun 05, 2026
Response (non-motion)
Main Document:
Response (non-motion)
#10
Jun 05, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
#11
Jun 05, 2026
Letter
Main Document:
Letter
Parties
Genalo
Party
Martinez
Party