Eastern District of New York • 2:26-cv-03365

#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) [Transferred from New York Southern on 6/15/2026.] (Entered: 06/11/2026)

#2

Jun 11, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bembi, Bruno) Modified on 6/11/2026 (vf). [Transferred from New York Southern on 6/15/2026.] (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) [Transferred from New York Southern on 6/15/2026.] (Entered: 06/11/2026)

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) [Transferred from New York Southern on 6/15/2026.]

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) [Transferred from New York Southern on 6/15/2026.]

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) [Transferred from New York Southern on 6/15/2026.]

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) [Transferred from New York Southern on 6/15/2026.]

Jun 11, 2026

Case Designated ECF. (vf) [Transferred from New York Southern on 6/15/2026.]

#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) [Transferred from New York Southern on 6/15/2026.] (Entered: 06/12/2026)

#5

Jun 12, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Montgomery, Markwayne Mullin..(Waterman, Brandon) [Transferred from New York Southern on 6/15/2026.] (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) [Transferred from New York Southern on 6/15/2026.] (Entered: 06/12/2026)

#7

Jun 12, 2026

LETTER addressed to Judge Dale E. Ho from Brandon M. Waterman dated June 12, 2026 re: Correction to the government's letter regarding detention authority. Document filed by Montgomery, Markwayne Mullin..(Waterman, Brandon) [Transferred from New York Southern on 6/15/2026.] (Entered: 06/12/2026)

#8

Jun 15, 2026

ORDER: Both Respondents and Petitioner have notified the Court that Petitioner was located in the Eastern District of New York at the time the Petition was filed. ECF Nos. 4, 6. Accordingly, this case must be transferred to the Eastern District of New York. See Khalil v. Joyce, 771 F. Supp. 3d 268, 280-86 (S.D.N.Y. 2025). All conferences and deadlines are CANCELLED. This case is hereby ordered TRANSFERRED to the Eastern District of New York. This Court's Initial Scheduling Order prohibited removal of Petitioner from the United States, or transfer of the Petitioner outside of the Eastern District of New York, the Southern District of New York, or the District of New Jersey. See ECF No. 3. That directive remains in effect unless and until the transferee court orders otherwise. The Clerk of Court is respectfully directed to transfer this case to the Eastern District of New York. Given the parties' agreement that transfer is appropriate, the Clerk of Court is respectfully directed to waive the 7-day period provided by Local Rule 83.1. SO ORDERED. (Signed by Judge Dale E. Ho on 6/15/2026) (ks) [Transferred from New York Southern on 6/15/2026.] (Entered: 06/15/2026)

#9

Jun 15, 2026

Case transferred in from District of New York Southern; Case Number 1:26-cv-04962. Original file certified copy of transfer order and docket sheet received. (Entered: 06/15/2026)

Jun 15, 2026

Order to Show Cause (463)

Jun 15, 2026

Case Transferred Out - District Transfer

Jun 15, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office: Respondents are ordered to show cause in writing no later than Thursday, June 18, 2026, at 5:00 PM as to why the 1 Petition should not be granted. In their submission, Respondents shall affirm that they have provided the Court with all facts material to Petitioner's claims and Respondents' opposition to the Petition, and shall attach as exhibits all records related to those facts. The Court underscores that untimely extension requests will not be granted. In light of Respondents' representation that Petitioner would be imminently transferred to a long-term facility, see ECF No. 4 at 2, Respondents are further directed to, by 5:00 PM on June 16, 2026, file a letter on the docket under seal, informing the Court and counsel where Petitioner is being held, and providing any identifying information (such as a detainee number) associated with Petitioner's custodial status. Respondents shall also electronically transmit a copy of this letter to counsel for Petitioner. If Respondents are unable to confirm Petitioner's location, they shall file a status report each day by 5:00 PM, updating the Court regarding their efforts to locate Petitioner. Ordered by Judge Nina R. Morrison on 6/15/2026. (OA)

Jun 15, 2026

ORDER: To preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. N.Y. 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."); Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 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, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); Ozturk v. Hyde, 136 F.4th 382 (2d Cir. 2025) (declining to stay a district court order, issued pursuant to the All Writs Act, which transferred petitioner to the district court's territorial jurisdiction, given district courts' "undeniabl[e]... inherent authority to protect [its] proceedings" (citation modified)); 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). The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorney's Office (USAO) for the Eastern District of New York. Petitioner's counsel shall also serve a copy of the order on the USAO. Ordered by Judge Nina R. Morrison on 6/15/2026. (OA)

Jun 15, 2026

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ks) [Transferred from New York Southern on 6/15/2026.]

Jun 15, 2026

Order(Other)

Jun 16, 2026

ORDER: In light of the government's representation that Petitioner is detained pursuant to 8 U.S.C. § 1226(a), see ECF No. 7, Respondents' response to the June 15, 2026 Order to Show Cause should address whether there is any basis to distinguish the asserted grounds for detention in this case from this Court's decision in H.A.C.F. v. Francis, No. 26-CV-00872 (NRM), 2026 WL 482607 (E.D.N.Y. Feb. 20, 2026). Specifically, if authority is asserted under § 1226(a), the submission shall state whether Petitioner was provided, prior to detention, an individualized custody determination based on his risk of flight or potential dangerousness, and include all relevant records documenting such process. Ordered by Judge Nina R. Morrison on 6/16/2026. (OA)

Jun 16, 2026

Order(Other)

#11

Jun 17, 2026

Extension of Time to File Response/Reply

Jun 17, 2026

Order on Motion for Extension of Time to File Response/Reply

Jun 17, 2026

ORDER: The Court is in receipt of Respondents' 11 Consent MOTION for Extension of Time to File Response/Reply. The 11 motion is granted in part and denied in part. Respondents' deadline to respond to the Court's June 15, 2026 Order to Show Cause is extended to Friday, June 19, 2026, at 12:00 PM. Ordered by Judge Nina R. Morrison on 6/17/2026. (OA)

#12

Jun 19, 2026

Response to Order to Show Cause

#13

Jun 20, 2026

Order(Other)

#14

Jun 20, 2026

Status Report

#15

Jun 20, 2026

Status Report

#16

Jun 24, 2026

Judgment