Southern District of New York • 1:26-cv-04803

#1

Jun 07, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Request for emergency relief to be separately filed..Document filed by Marco Antonio Diaz Flores. (Attachments: # 1 Civil Cover Sheet).(Musa-Obregon, S. Michael) (Entered: 06/07/2026)

#2

Jun 07, 2026

EMERGENCY MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction. Document filed by Marco Antonio Diaz Flores. Return Date set for 6/8/2026 at 09:30 AM..(Musa-Obregon, S. Michael) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 06/07/2026)

#3

Jun 08, 2026

Petitioner has filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, determines that an immediate order is necessary to preserve the Courts jurisdiction. Accordingly, in order to preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dept of Homeland Sec., No. 25-CV-0644, 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ([A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the courts jurisdiction over a case or cases.). Moreover, in light of Petitioners interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner 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, e.g., Perez y Perez v. Noem, No. 25-CV-4828, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioners transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 06/08/2026)

#4

Jun 08, 2026

ORDER: The Government is ORDERED to respond to the Petition by June 15, 2026. Petitioner's Reply is due by June 22, 2026. The Court ORDERS the Parties appear at a telephonic conference on June 29, 2026 at 2 p.m. The Parties should contact the Court at l-855-244-8681 (access code: 2305 370 0226#). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/8/2026) Todd Blanche answer due 6/15/2026; Lawrence Catletti answer due 6/15/2026; Ken Genalo answer due 6/15/2026; Markwayne Mullin answer due 6/15/2026; Todd Lyons answer due 6/15/2026.( Telephone Conference set for 6/29/2026 at 02:00 PM before Judge Andrew L. Carter Jr..) (ar) (Entered: 06/08/2026)

#5

Jun 08, 2026

ORDER TO SHOW CAUSE filed by Todd Blanche, Lawrence Catletti, Ken Genalo, Markwayne Mullin, Todd Lyons. This case has been assigned to me in my capacity as Part I Duty Judge. The Court orders the following, subject to a superseding order by the regularly-assigned district judge. By June 8, 2026 at 12:00 p.m., Petitioner's counsel is DIRECTED (1) to serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail, and (2) to promptly file proof of such service in the docket. Counsel for Respondents shall promptly enter notices of appearance. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. As further set forth in this Order. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision, Respondents are further ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by Thursday, June 11. See 28 U.S.C. § 2243. Petitioner shall have an opportunity to reply, if necessa1y, by Friday, June 12, 2026. SO ORDERED (Signed by Judge Dale E. Ho Part I on 6/7/2026) ( Replies due by 6/12/2026.) (ks) Modified on 6/8/2026 (ks). (Entered: 06/08/2026)

#6

Jun 08, 2026

CERTIFICATE OF SERVICE. Document filed by Todd Blanche, Lawrence Catletti, Marco Antonio Diaz Flores, Ken Genalo, Markwayne Mullin, Jeffrey Oestericher, Todd Lyons., AFFIDAVIT OF SERVICE. Document filed by Todd Blanche, Lawrence Catletti, Marco Antonio Diaz Flores, Ken Genalo, Markwayne Mullin, Jeffrey Oestericher, Todd Lyons..(Musa-Obregon, S. Michael) (Entered: 06/08/2026)

#7

Jun 08, 2026

ORDER: This matter has been assigned to Judge Carter. In light of the existing briefing schedule, the Order to Show Cause, ECF No. 5 is hereby RESCINDED. The parties shall adhere to the briefing schedules and deadlines in Judge Carter's Order, ECF No. 4. SO ORDERED. (Signed by Judge Dale E. Ho on 6/8/2026) (ks) (Entered: 06/08/2026)

Jun 08, 2026

Notice to Attorney Regarding Party Modification

Jun 08, 2026

Order

Jun 08, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Jun 08, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney S. Michael Musa-Obregon to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc)

Jun 08, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney S. Michael Musa-Obregon. The party information for the following party/parties has been modified: Todd Blanche, Markwayne Mullin, Acting Director Todd M. Lyons, FILED OFFICE DIRECTO Kenneth Genalo, Lawrence Catletti. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (pc)

Jun 08, 2026

Case Designated ECF. (pc)

Jun 08, 2026

Magistrate Judge Robert W. Lehrburger 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. (pc)

Jun 08, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc)

Jun 08, 2026

Case Opening Initial Assignment Notice

#8

Jun 15, 2026

Response (non-motion)

#9

Jun 15, 2026

Declaration in Opposition (non-motion)

#10

Jun 16, 2026

Memorandum of Law in Opposition (non-motion)

#11

Jun 16, 2026

Notice of Appearance

#12

Jun 16, 2026

Extension of Time

#13

Jun 16, 2026

Order on Motion for Extension of Time

#14

Jun 29, 2026

Order AND ~Util - Set Hearings

#15

Jul 04, 2026

Letter

#16

Jul 05, 2026

Letter

#17

Jul 07, 2026

Letter

Jul 07, 2026

Telephone Conference