Southern District of New York • 1:25-cv-09781

#1

Nov 24, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Abdou Tall..(kgo) (Entered: 11/25/2025)

#2

Nov 24, 2025

PETITIONER'S NOTICE OF EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER. Document filed by Abdou Tall. (Attachments: # 1 Proposed Order 1, # 2 Proposed Order 2).(kgo) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 11/25/2025)

Nov 24, 2025

Case Designated ECF. (kgo) Modified on 11/25/2025 (kgo).

Nov 24, 2025

Case Designated ECF

Nov 24, 2025

Magistrate Judge Barbara C. Moses 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. (kgo)

Nov 24, 2025

Case Designation

#3

Nov 25, 2025

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (kgo) (Entered: 11/25/2025)

#5

Nov 25, 2025

ORDER: On November 24, 2025, Petitioner Abdou Tall filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, assisted by next friend Madou Kone, while Petitioner was present in the Southern District of New York. (ECF 1.) The Court issues the following orders. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. First, respondents are enjoined from transferring petitioner to any location outside the Southern District of New York absent this Court's prior approval. Second, respondents should respond to the motion for a temporary restraining order on or before December 2, 2025 at 5:00 PM. Petitioner may file a reply on or before December 8, 2025. Third, the Court finds that the appointment of pro bono counsel is appropriate in this case. In making this finding, the Court has considered the factors set forth in Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986), which include: "(1) whether the party's claim hassubstantial merit; (2) whether the nature of the factual issues requires an investigation, and whether the party's ability to investigate is inhibited; (3) whether the claim's factual issues turn on credibility, which benefits from the skills of those trained in presentation of evidence and cross examination; (4) the party's overall ability to present its case; and (5) whether the legal issues presented are complex." Garcia v. USICE (Dept. of Homeland Sec.), 669 F.3d 91, 98-99 (2d Cir. 2011). The Court finds that the Hodge factors weigh in favor of seeking pro bono counsel for Petitioner. In particular, the facts of Petitioners detention present complex legal questions. Moreover, Petitioner's abilities to present his case and conduct any related fact investigation are significantly limited due to his incarceration and the emergency nature of his petition. Thus, inthis case, representation would "lead to a quicker and more just result by sharpening the issues[.]" Hodge, 802 F.2d at 61. Accordingly, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. It should be noted that the Court does not have the authority to "appoint" counsel, but instead, may only "request" that an attorney volunteer to represent alitigant pro bono. Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 301 (1989). There is no guarantee that a volunteer attorney will decide to take the case or that, should the services of the volunteer be declined, the court will locate another. In either instance, Petitioner should be prepared to proceed with the case pro se. If an attorney volunteers, the attorney will contact Petitioner, or her next friend, directly. If Petitioner has already successfully secured counsel on his own, or otherwise does not wish the Court to seek volunteers for pro bono counsel, he should inform the Court as soon as possible. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. See https://nysd.uscourts.gov/forms/pro-bono-fund-order. For the foregoing reasons, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. The Clerk of Court is further directed to send by regular mail a copy of this order to the Petitioner's next friend, Madou Kone. Petitioner's next friend may receive court documents byemail by completing the form, Consent to Electronic Service. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Replies due by 12/8/2025., Responses due by 12/2/2025) (Signed by Judge Arun Subramanian on 11/25/2025) (jca) (Entered: 11/25/2025)

#6

Nov 25, 2025

FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG PARTY SELECTED - NOTICE OF APPEARANCE by Jean-David Barnea on behalf of William Joyce, Todd Lyons, Kristi Noem, Abdou Tall..(Barnea, Jean-David) Modified on 12/2/2025 (kj). (Entered: 11/25/2025)

#7

Nov 25, 2025

LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from AUSA Jean-David Barnea dated 11-25-25 re: 2 MOTION for Temporary Restraining Order. . Document filed by William Joyce, Todd Lyons, Kristi Noem..(Barnea, Jean-David) (Entered: 11/25/2025)

Nov 25, 2025

Note Regarding Service on Self-Represented Party

Nov 25, 2025

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)

#8

Nov 26, 2025

MEMO ENDORSEMENT on re: 7 Response to Motion filed by Kristi Noem, Todd Lyons, William Joyce. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Arun Subramanian on 11/26/2025) (sgz) (Entered: 11/26/2025)

#9

Dec 02, 2025

NOTICE OF APPEARANCE by Jean-David Barnea on behalf of William Joyce, Todd Lyons, Kristi Noem..(Barnea, Jean-David) (Entered: 12/02/2025)

Dec 02, 2025

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

Dec 02, 2025

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jean-David Barnea to RE-FILE Document 6 Notice of Appearance,. ERROR(S): The wrong party was selected. Re-file and select only the parties being represented. (kj)

#10

Dec 03, 2025

ORDER: Respondents have entered an appearance in this case, and it is the Court's understanding that pro bono counsel for petitioner has been located, although no appearance has been entered. By December 5, 2025, the parties should meet and confer and propose an expedited briefing schedule on the habeas petition. The Court will hold a hearing on the petition the week of December 15, 2025, unless petitioner seeks an earlier hearing date. The parties should propose three dates and times that they would be available. Absent further instructions from the Court, the petitioner should be produced for the hearing. SO ORDERED. (Signed by Judge Arun Subramanian on 12/3/2025) (sgz) (Entered: 12/03/2025)

#11

Dec 03, 2025

NOTICE OF APPEARANCE by Abena Ayowa Mainoo on behalf of Abdou Tall..(Mainoo, Abena) (Entered: 12/03/2025)

#12

Dec 03, 2025

NOTICE OF APPEARANCE by Katherine Mary MacAdam on behalf of Abdou Tall..(MacAdam, Katherine) (Entered: 12/03/2025)

#13

Dec 04, 2025

NOTICE OF APPEARANCE by Ludivine Marie Van Der Heyden on behalf of Abdou Tall..(Van Der Heyden, Ludivine) (Entered: 12/04/2025)

#14

Dec 05, 2025

JOINT LETTER addressed to Judge Arun Subramanian from Abena Mainoo and Jean-David Barnea dated December 5, 2025 re: briefing schedule for amended petition for a writ of habeas corpus (related document no. 10 ). Document filed by William Joyce, Todd Lyons, Kristi Noem, Abdou Tall..(Mainoo, Abena) (Entered: 12/05/2025)

#15

Dec 05, 2025

MEMO ENDORSEMENT on re: 14 Letter, filed by Kristi Noem, Abdou Tall, Todd Lyons, William Joyce. ENDORSEMENT: GRANTED. The Court will hold a hearing on the briefing in Courtroom 15A on December 15, 2025 at 11:00 AM. SO ORDERED. ( Status Conference set for 12/15/2025 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 12/5/2025) (jjc) (Entered: 12/05/2025)

#16

Dec 05, 2025

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus 2241 against William Joyce, Todd Lyons, Kristi Noem.Document filed by Abdou Tall. Related document: 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Redline).(Mainoo, Abena) Modified on 12/8/2025 (vf). (Entered: 12/05/2025)

#17

Dec 08, 2025

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus 2241 against William Joyce, Todd Lyons, Kristi Noem, Pamela Bondi, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.Document filed by Abdou Tall. Related document: 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Redline).(Mainoo, Abena) Modified on 12/9/2025 (vf). (Entered: 12/08/2025)

Dec 08, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Abena Ayowa Mainoo to RE-FILE Document No. 16 Amended Petition,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Pleading Caption 'et al' error. Party names must be listed. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)

Dec 08, 2025

Notice to Attorney Regarding Deficient Pleading

#18

Dec 09, 2025

AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus 2241 against Pamela Bondi, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, William Joyce, Kristi Noem, Todd Lyons.Document filed by Abdou Tall. Related document: 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Errata Redline).(Mainoo, Abena) (Entered: 12/09/2025)

#19

Dec 09, 2025

ORDER re: 18 Amended Petition, filed by Abdou Tall. In the amended petition, Dkt. 18, Paragraph 29, petitioner's counsel indicates that it has been unable to contact their client at the Metropolitan Detention Center. To the extent that counsel is still unable to contact their client, the Court provides the following information: 1. If counsel wishes to speak with their client, they are instructed to visit during legal visiting hours (8AM-7PM on weekdays, 8AM-3PM on weekends). The Court has been informed by the Bureau of Prisons that each of petitioner's attorneys has been verified by MDC as in good standing with a state bar, and so their names will be added shortly to the list of permitted visitors. 2. If counsel has any other questions regarding how to reach their client, they can reach the MDC Brooklyn Legal Department at: BRO-LEGALVISIT-S@BOP.GOV. 3. If counsel continues to be unable to contact their client, they should first meet and confer with respondents' counsel, which may be able to furnish access, and if that doesn't work, they may contact the Court to see if there is further assistance we can provide. SO ORDERED. (Signed by Judge Arun Subramanian on 12/9/2025) (jjc) (Entered: 12/09/2025)

Dec 09, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Abena Ayowa Mainoo to RE-FILE re: Document No. 17 Amended Petition. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)

Dec 09, 2025

Notice to Attorney Regarding Deficient Pleading

#20

Dec 10, 2025

RESPONSE re: 18 Amended Petition, . Document filed by Pamela Bondi, William Joyce(Acting Field Office Director of New York, U.S. Immigration and Customs Enforcement), Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9).(Barnea, Jean-David) (Entered: 12/10/2025)

#21

Dec 10, 2025

DECLARATION of Supervisory Detention and Deportation Officer Nelson Mercado in Opposition re: 18 Amended Petition,. Document filed by Pamela Bondi, William Joyce(Acting Field Office Director of New York, U.S. Immigration and Customs Enforcement), Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 12/10/2025)

#22

Dec 11, 2025

ORDER: The Court intends to adhere to its decision in J.G.O. v. Francis, 2025 WL 3040142 (S.D.N.Y. Oct. 28, 2025). In light of that, petitioner need not brief whether § 1225 or §1226(a) applies. Instead, counsel should address whether any relief other than an immediate bond hearing is requested and the basis for such relief. Respondents argue that a bond hearing is the only relief that is permitted, given that petitioner had an outstanding warrant for his arrest. See §1226(a) ("On a warrant issued by the Attorney General, an alien may be arrested and detained...."). If petitioner disagrees, counsel should identify the reasons why and the authorities that support broader relief. Separately, if a bond hearing is ordered, counsel should provide its view on when that hearing should occur, and confirm whether or not counsel will be able to represent petitioner at that hearing. SO ORDERED. (Signed by Judge Arun Subramanian on 12/11/2025) (sgz) (Entered: 12/11/2025)

#23

Dec 11, 2025

LETTER addressed to Judge Arun Subramanian from Abena Mainoo dated December 11, 2025 re: in response to Respondents' December 10, 2025 letter brief. Document filed by Abdou Tall. (Attachments: # 1 Exhibit 1 - Certificate of Disposition, Nov. 25, 2025, # 2 Exhibit 2 - Certificate of Disposition, Dec. 8, 2025).(Mainoo, Abena) (Entered: 12/11/2025)

Dec 12, 2025

Minute Entry for proceedings held before Judge Arun Subramanian: Hearing held on 12/12/2025. Abena Mainoo, Katherine MacAdam, and Ludivine Van Der Heyden present for Plaintiff. Jean-David Barnea present for Defendants. (Court Reporter Rebecca Forman) (kh)

#24

Dec 15, 2025

ORDER: As discussed at today's conference, by December 16, 2025, respondents should consult with the officers involved in petitioners arrest and update the Court as to (1) whether the officers were aware that petitioner was subject to a warrant and (2) why they arrested petitioner. If respondents will stipulate that the only information they had is what is reflected in Dkt. 20-7, then they can so inform the Court. In that same submission, respondents should address the legal basis for petitioners arrest and detention under 8 U.S.C. § 1226 given the circumstances at issue. Petitioner may respond by December 17, 2025 to the government's submission. Absent direction from the Court based on the filings above, both sides should file letters by 12:00 PM on December 18, 2025 responding to the issues raised in todays hearing. These include: 1. Why would a release, as opposed to a bond hearing, be the appropriate remedy if detention would be proper, but pursuant to § 1226, not § 1225? 2. If a bond hearing is the appropriate remedy, what instructions should the Court provide to the Immigration Judge and BIA concerning the parameters of that hearing and any appeal? 3. To the extent not previously addressed by the parties, do the circumstances of the arrest in this case mean that petitioner must be released because he wasnt properly arrested and detained under § 1226? The hearing initially scheduled for December 15, 2025 is postponed to December 19, 2025 in Courtroom 15A at 10:00 AM. Petitioner should be produced and present for this hearing. SO ORDERED. (Status Conference set for 12/19/2025 at 10:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 12/12/2025) (jca) (Entered: 12/15/2025)

#25

Dec 16, 2025

DECLARATION of Deportation Officer Jorge Maldonado in Opposition re: 18 Amended Petition,. Document filed by Pamela Bondi, William Joyce(Acting Field Office Director of New York, U.S. Immigration and Customs Enforcement), Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 12/16/2025)

#26

Dec 17, 2025

LETTER addressed to Judge Arun Subramanian from Abena Mainoo dated December 17, 2025 re: response to the Court's December 15, 2025 Order 24 . Document filed by Abdou Tall..(Mainoo, Abena) (Entered: 12/17/2025)

#27

Dec 18, 2025

MEMO ENDORSEMENT on re: 26 Letter filed by Abdou Tall. ENDORSEMENT: DENIED. The parties should submit the briefing as described at Dkt. 24 and appear at Friday's hearing. The parties are advised that the Court is prepared at the hearing to discuss the legal basis for the proposition that, in the context of immigration detention after the detainee has been released on his own recognizance, "federal regulations and due process require" the government to "show changed circumstances" and to offer notice and opportunity to be heard before re-detention pursuant to a warrant. SO ORDERED. (Signed by Judge Arun Subramanian on 12/17/2025) (sgz) (Entered: 12/18/2025)

#28

Dec 18, 2025

LETTER addressed to Judge Arun Subramanian from AUSA Jean-David Barnea dated 12-18-25 re: Responses to Court Questions. Document filed by Pamela Bondi, William Joyce(Acting Field Office Director of New York, U.S. Immigration and Customs Enforcement), Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 12/18/2025)

#29

Dec 18, 2025

LETTER addressed to Judge Arun Subramanian from Abena Mainoo dated December 18, 2025 re: Petitioner's response to Court's December 15, 2025 Order 24 . Document filed by Abdou Tall..(Mainoo, Abena) (Entered: 12/18/2025)

#30

Dec 20, 2025

LETTER addressed to Judge Arun Subramanian from Abena Mainoo dated December 20, 2025 re: relevant SDNY case law. Document filed by Abdou Tall..(Mainoo, Abena) (Entered: 12/20/2025)

#31

Dec 23, 2025

ORDER: The Court orders petitioner's release within 24 hours. Consistent with its prior decision in J.G.O. v. Francis, 2025 WL 3040142, the Court finds that petitioner is detained pursuant to 8 U.S.C. § 1226(a), not § 1225(b)(2). At the December 19, 2025 hearing, the government conceded that it neither adhered to any of the procedures required by regulation on a § 1226(a) detainment, nor exercised discretion to arrest and detain petitioner, because it acted under its (legally mistaken) view that petitioner's arrest and detention were mandatory under § 1225(b)(2). Release is the "typical remedy" for "unlawful executive detention." Munaf v. Green, 553 U.S. 674, 693 (2008). And here it is the proper remedy for the governments failure to comply with its own procedures, consistent with numerous courts that have reached the same conclusion. See, e.g., Lopez-Benitez v.Francis, 795 F. Supp. 3d 475, 49697 (S.D.N.Y. 2025); Tumba v. Francis, 2025 WL 3079014,at *89 (S.D.N.Y. Nov. 4, 2025); Campbell v. Almodovar, 2025 WL 3538351, at *1213(S.D.N.Y. Dec. 10, 2025). As petitioner's counsel conceded at the hearing, this order does not preclude the government from revoking petitioners parole, and arresting and detaining him in the future, as long as it follows the legally mandated procedures that would apply. (Signed by Judge Arun Subramanian on 12/23/2025) (sgz) (Entered: 12/23/2025)

#32

Jan 02, 2026

TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 12/19/2025 before Judge Arun Subramanian. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2026. Redacted Transcript Deadline set for 2/2/2026. Release of Transcript Restriction set for 4/2/2026..(Moya, Goretti) (Entered: 01/02/2026)

#33

Jan 02, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 12/19/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 01/02/2026)

#34

Jan 05, 2026

ORDER denying as moot 2 Motion for TRO. The Court denies Dkt. 2 as moot in light of the Court's granting of the petition. Dkt. 31. SO ORDERED. (Signed by Judge Arun Subramanian on 1/5/2026) (rro) (Entered: 01/05/2026)

Jan 08, 2026

Oral Argument

#35

Mar 24, 2026

MOTION for Attorney Fees . Document filed by Abdou Tall. (Attachments: # 1 Supplement - ECF Rule 23.6 Declaration).(Mainoo, Abena) (Entered: 03/24/2026)

#36

Mar 24, 2026

DECLARATION of Abena Mainoo in Support re: 35 MOTION for Attorney Fees .. Document filed by Abdou Tall. (Attachments: # 1 Appendix A - Attorney Time Sheets, # 2 Appendix B - Consumer Price Index, # 3 Supplement - ECF Rule 23.6 Declaration).(Mainoo, Abena) (Entered: 03/24/2026)

#37

Mar 24, 2026

DECLARATION of Abdou Tall in Support re: 35 MOTION for Attorney Fees .. Document filed by Abdou Tall. (Attachments: # 1 Supplement - ECF Rule 23.6 Declaration).(Mainoo, Abena) (Entered: 03/24/2026)

#38

Mar 24, 2026

MEMORANDUM OF LAW in Support re: 35 MOTION for Attorney Fees . . Document filed by Abdou Tall. (Attachments: # 1 Supplement - ECF Rule 23.6 Declaration).(Mainoo, Abena) (Entered: 03/24/2026)

#39

Apr 03, 2026

MEMORANDUM OF LAW in Opposition re: 35 MOTION for Attorney Fees . . Document filed by Pamela Bondi, William Joyce(Acting Field Office Director of New York, U.S. Immigration and Customs Enforcement), Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 04/03/2026)

#40

Apr 10, 2026

REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Attorney Fees . . Document filed by Abdou Tall..(Mainoo, Abena) (Entered: 04/10/2026)

#41

May 04, 2026

ORDER re: 23 Letter, filed by Abdou Tall. The Court is in receipt of Petitioner's motion for attorneys' fees. Dkt. 23. Over the next 14 days, the parties should meet and confer to discuss whether there's any resolution that can be reached between them as to the fee issue. If not, the parties can so inform the Court, and the Court will resolve the motion. SO ORDERED. (Signed by Judge Arun Subramanian on 5/1/2026) (sgz) (Entered: 05/04/2026)

#42

May 15, 2026

JOINT LETTER addressed to Judge Arun Subramanian from AUSA Jean-David Barnea dated 5-15-26 re: EAJA Fee Motion. Document filed by Pamela Bondi, William Joyce(Acting Field Office Director of New York, U.S. Immigration and Customs Enforcement), Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/15/2026)

#43

Jun 03, 2026

MEMO ENDORSEMENT denying 35 Motion for Attorney Fees. ENDORSEMENT: The motion for fees, Dkt. 35, is DENIED. "The issue for EAJA purposes is not what the law is when the EAJA application is made, but rather whether the government was substantially justified in believing the law not to have foreclosed its position during the underlying litigation." CFTC v. Dunn, 169 F.3d 785, 787 (2d Cir. 1999). The government's arguments in this case were made before they were ultimately rejected by the Second Circuit in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Thus, they were not legally foreclosed. And, as to the merits of those arguments, they have since persuaded multiple federal courts of appeals, Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026); Avila v. Bondi, 170 F.4th 1128 (8th Cir. 2026). While the Court believes that the government's interpretation of the relevant statutory provisions is not the right one, it cannot deny that there is room for good-faith disagreement. The Court therefore declines to find that the government's position was not substantially justified, and denies the motion for fees. The Clerk of Court is respectfully directed to terminate Dkt. 35. SO ORDERED.. (Signed by Judge Arun Subramanian on 6/3/2026) (jca) Modified on 6/3/2026 (jca). (Entered: 06/03/2026)

#44

Aug 05, 2026

Order of Dismissal

#45

Aug 12, 2026

Judgment - Clerk