Southern District of New York • 1:26-cv-04962

#1

Jun 11, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number BNYSDC-32984746) Document filed by Oscar Armando Cabrera Vicente..(Bembi, Bruno) (Entered: 06/11/2026)

#2

Jun 11, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bembi, Bruno) Modified on 6/11/2026 (vf). (Entered: 06/11/2026)

#3

Jun 11, 2026

NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on Thursday, June 25, 2026 at 11:00 a.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents shall submit a letter, no later than June 12, 2026 at 12:00 p.m. indicating whether they believe the conference is necessary and addressing how the Court should handle this Petition. In the letter, Respondents should address: (1) whether Petitioner was, as the Petition alleges, see ECF No. 1 at 2-3, located in the Southern District of New York at the time that the Petition was filed; (2) Petitioner's A-number, current place of detention, and a contact person who can facilitate prospective counsel's access to Petitioner; (3) the statutory provision(s) under which Respondents assert the authority to detain Petitioner; if Respondents assert that Petitioner is detained under 8 U.S.C. § 1226(a), they shall state the basis for their exercise of discretion to detain Petitioner; (4) whether there is any basis to distinguish this case from the Second Circuit's decision in Cunha v. Freden, __ F.4th __, No. 25-3141, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), or from any other decision of this Court. If Respondents take the position that the outcome of this Petition is controlled by Cunha or any other decisions of this Court, then the submission may take the form of a letter conceding that point and indicating whether Respondents would consent to issuance of the writ - subject to preservation of Respondents' arguments for appeal; (5) a copy of any final order of removal; and (6) any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents are further ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by Tuesday, June 16, 2026. See 28 U.S.C. § 2243. Petitioner shall have an opportunity to reply, if necessary, by Wednesday June 17, 2026. By today, June 11, 2026, 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. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction") 2; Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, No. 25 Civ. 1935, ECF No. 9 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). In light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that 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 Ozturk v. Trump, No. 25 Civ. 374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioners transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25 Civ. 229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19 Civ. 1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20 Civ. 22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 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"). All counsel are required to register promptly as filing users on ECF. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-dale-e-ho. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. If this case has been settled or otherwise terminated, counsel are not required to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the date of the conference, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App'x A, available at http://nysd.uscourts.gov/ecf_filing.php. In accordance with the Court's Individual Rules and Practices, requests for an extension or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties' next scheduled appearance before the Court. Unless counsel are notified that the conference has beenadjourned, it will be held as scheduled. SO ORDERED. (Signed by Judge Dale E. Ho on 6/11/2026) (Show Cause Response due by 6/16/2026., Status Conference set for 6/25/2026 at 11:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (ar) (Entered: 06/11/2026)

Jun 11, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Jun 11, 2026

Case Designated ECF. (vf)

Jun 11, 2026

Case Opening Initial Assignment Notice

Jun 11, 2026

Notice to Attorney Regarding Party Modification

Jun 11, 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 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 11, 2026

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

Jun 11, 2026

Magistrate Judge Ona T. Wang 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 11, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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)

#4

Jun 12, 2026

LETTER addressed to Judge Dale E. Ho from Brandon M. Waterman dated June 12, 2026 re: Response to the Court's questions. Document filed by Montgomery, Markwayne Mullin..(Waterman, Brandon) (Entered: 06/12/2026)

#5

Jun 12, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Montgomery, Markwayne Mullin..(Waterman, Brandon) (Entered: 06/12/2026)

#6

Jun 12, 2026

LETTER addressed to Judge Dale E. Ho from Bruno Joseph Bembi dated 06/12/2026 re: Cabrera Vicente v Mullin et al. Document filed by Oscar Armando Cabrera Vicente..(Bembi, Bruno) (Entered: 06/12/2026)

#7

Jun 12, 2026

Letter

#8

Jun 15, 2026

Order AND ~Util - Set Deadlines/Hearings

Jun 15, 2026

Case Transferred Out - District Transfer

Jun 15, 2026

Received Acknowledgment (Electronic Case Transfer)

#9

Jul 01, 2026

Internet Citation

#10

Jul 01, 2026

Internet Citation