Southern District of New York • 1:26-cv-05013

#1

May 29, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20272054, filed by Rafael Stevens Rodriquez Perez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Certificate of Service Certificate of Electronic Filing) (Garzon, John) [Transferred from New York Eastern on 6/12/2026.] (Entered: 05/29/2026)

#2

Jun 01, 2026

Civil Cover Sheet.. by Rafael Stevens Rodriquez Perez (Garzon, John) [Transferred from New York Eastern on 6/12/2026.] (Entered: 06/01/2026)

#3

Jun 01, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) [Transferred from New York Eastern on 6/12/2026.] (Entered: 06/01/2026)

Jun 01, 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 (CV) [Transferred from New York Eastern on 6/12/2026.]

Jun 01, 2026

Case Assigned to Judge Pamela K. Chen. 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. (CV) [Transferred from New York Eastern on 6/12/2026.]

Jun 01, 2026

Your proposed 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., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) [Transferred from New York Eastern on 6/12/2026.]

Jun 02, 2026

ORDER TO SHOW CAUSE: The Court has received the 1 Petition for a Writ of Habeas Corpus, which states that Petitioner is detained at the Orange County Correctional Facility. Nothing in the Petition indicates that venue is proper in this District. See Ozturk v. Hyde, 136 F.4th 382, 389–90 (2d Cir. 2025) (for a court to "entertain a habeas petition," it must be "filed in the district of confinement" (first citing Rumsfeld v. Padilla, 542 U.S. 426, 438 (2004); and then citing 28 U.S.C. § 2242)). Petitioner is therefore ordered to show cause, by June 4, 2026, why this case should not be transferred to the U.S. District Court for the Southern District of New York. To preserve the status quo and ensure Petitioner has an opportunity to have his case considered by a court where venue is proper, Respondents are restrained from removing Petitioner from the United States or transferring him to a facility outside of this District or the Southern District of New York unless and until this Court or the transferee court orders otherwise. See Hernandaz v. Lyons, No. 26-CV-0233 (PAE), 2026 WL 145562, at *2 (S.D.N.Y. Jan. 20, 2026) (collecting cases issuing similar orders); 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"). Ordered by Judge Pamela K. Chen on 6/2/2026. (JEC) [Transferred from New York Eastern on 6/12/2026.]

#4

Jun 09, 2026

Proposed Summons.Civil Cover Sheet.. by Rafael Stevens Rodriquez Perez (Attachments: # 1 Civil Cover Sheet) (Garzon, John) [Transferred from New York Eastern on 6/12/2026.] (Entered: 06/09/2026)

#5

Jun 09, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Rafael Stevens Rodriquez Perez (Garzon, John) [Transferred from New York Eastern on 6/12/2026.] (Entered: 06/09/2026)

#6

Jun 11, 2026

Proposed Summons.Civil Cover Sheet.. by Rafael Stevens Rodriquez Perez (Attachments: # 1 Civil Cover Sheet) (Garzon, John) [Transferred from New York Eastern on 6/12/2026.] (Entered: 06/11/2026)

Jun 11, 2026

Your proposed summons was not issued for one of the following reasons. The full case caption must appear on the summons; no et. al. permitted in the caption pursuant to the local rules of civil procedures. Please correct and resubmit using Proposed Summons/Civil Cover Sheet filing event. (MLR) [Transferred from New York Eastern on 6/12/2026.]

#7

Jun 12, 2026

CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:26-cv-03255. Original file certified copy of transfer order and docket entries received. (Entered: 06/12/2026)

#8

Jun 12, 2026

ORDER TO SHOW CAUSE: It is hereby ORDERED that: 1. 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. 2. 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 in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings. 3. Respondents shall file a letter by June 15, 2026, indicating: (1) under what statutory provision Petitioner is being detained; and (2) whether this case is distinguishable from my decisions in Sidqui v. Almodovar, No. 25-CV-9349, 2026 WL 251929 (S.D.N.Y. Jan. 30, 2026), Han v. Noem, No. 25-CV-1075, 2026 WL 322963 (S.D.N.Y. Feb. 6, 2026), and the Second Circuit's decision in Cunha v. Freden, 175 F.4th 61, 70 (2d Cir. 2026), which held that 8 U.S.C. § 1226(a), or the discretionary detention statute, applies to noncitizens currently present in the country rather than the mandatory detention statute of 8 U.S.C. § 1225(b). 4. The parties shall also attend an initial telephonic case conference on Tuesday, June 16, 2026 at 11 a.m. ET. The dial-in number is 1-855-244-8681 and the access code is 2309 3085 835. There is no attendee ID. 5. Respondents shall show cause, pursuant to 28 U.S.C. § 2243, why the Petition for Writ of Habeas Corpus should not be granted by June 19, 2026. 6. Petitioner shall have the opportunity to file a reply by June 23, 2026. 7. By June 15, 2026, Petitioner is directed to serve Respondents with a copy of the Habeas Petition and accompanying papers, along with a copy of this Order and promptly file proof of such service on the docket. In the meantime, the Habeas Petition and this Order will be emailed to the Civil Division of the U.S. Attorney's Office for the Southern District of New York at the following email address: Jeffrey.Oestericher@usdoj.gov. SO ORDERED. ( Initial Conference set for 6/16/2026 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 6/12/2026) (vfr) (Entered: 06/12/2026)

Jun 12, 2026

ORDER: The 1 Petition states that Petitioner is detained at the Orange County Correctional Facility. On June 2, 2026, the Court ordered Petitioner to show cause why this case should not be transferred to the U.S. District Court for the Southern District of New York. (O.S.C., 6/2/2026 Dkt. Order.) Petitioner states that he does not oppose transfer and he provides no additional facts or allegations indicating that venue is proper in this District. (See Pet'r's O.S.C. Resp., Dkt. 5 .) Accordingly, the Court orders that this case will be transferred to the Southern District of New York. See Ozturk v. Hyde, 136 F.4th 382, 389-90 (2d Cir. 2025) (for a court to "entertain a habeas petition," it must be "filed in the district of confinement" (first citing Rumsfeld v. Padilla, 542 U.S. 426, 438 (2004); and then citing 28 U.S.C. § 2242)). The Court's order enjoining Respondents from removing Petitioner from the United States and transferring him to a facility outside of this District or the Southern District of New York, (see O.S.C., 6/2/2026 Dkt. Order), remains in effect unless and until the transferee court orders otherwise. The Court waives the requirement that the Clerk of Court wait seven days before effectuating the transfer under Local Civil Rule 83.1. Ordered by Judge Pamela K. Chen on 6/12/2026. (FA) [Transferred from New York Eastern on 6/12/2026.]

Jun 12, 2026

Case electronically transferred to the Southern District of New York. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (FA) [Transferred from New York Eastern on 6/12/2026.]

Jun 12, 2026

Case Designated ECF. (vba)

Jun 12, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. 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..(vba)

Jun 12, 2026

Magistrate Judge Robyn F. Tarnofsky 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. (vba)

Jun 12, 2026

NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)

Jun 12, 2026

Case Transferred Out - District Transfer

Jun 12, 2026

Case Opening Initial Assignment Notice - Transfer Case

Jun 12, 2026

Note to Out of State Attorneys

Jun 12, 2026

Order

#9

Jun 15, 2026

Notice of Appearance

#10

Jun 15, 2026

Letter

#11

Jun 16, 2026

Order AND ~Util - Set Deadlines/Hearings

#12

Jun 22, 2026

Memorandum of Law in Opposition (non-motion)

#13

Jun 22, 2026

Response (non-motion)

#14

Jun 22, 2026

Declaration in Opposition (non-motion)

#15

Jun 26, 2026

Notice (Other)

#16

Jun 26, 2026

Reply (non-motion)

Jul 01, 2026

1 - Terminate Hearings AND Pretrial Conference - Initial