Eastern District of New York • 2:26-cv-03784

Martinez Adauto v. Maldonado

Active

Case Information

Filed: June 23, 2026
Assigned to: Nusrat J. Choudhury
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 09, 2026
Parties: View All Parties →

Docket Entries

Jun 24, 2026
Incorrect Case/Document/Entry Information. Please file the Complaint, Civil Cover Sheet, Proposed Summons and pay the Civil Filing Fee for the following case so that it may be processed. Initial Case Opening Documents Should be Filed at The Time a Case Number is generated (SDM)
#1
Jun 25, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20360544, filed by Fernando Jefferson Martinez Adauto. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Order of Release on Recognizance, # 3 Exhibit Proof of filing I-589, # 4 Exhibit Social Security Card, # 5 Civil Cover Sheet Civil Cover Sheet) (Eisenstein, Jethro) Modified on 6/25/2026 (LJ). (Entered: 06/25/2026)
Main Document: Petition for Writ of Habeas Corpus
Attachment 5: Civil Cover Sheet Civil Cover Sheet
#2
Jun 25, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Additional attachment(s) added on 6/25/2026: # 1 Additional QC) (LJ). (Entered: 06/25/2026)
Main Document: Quality Control Check - Attorney Case Opening
#3
Jun 25, 2026
STAY OF REMOVAL AND ORDER TO SHOW CAUSE: The Parties must carefully read the full contents of the attached Order to Show Cause and comply with all directives. As set forth in the attached Order:1. The parties are ORDERED to appear before this Court for a hearing on the Petition on Monday, June 29, 2026 at 3:30 PM in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722;2. Respondents shall produce Petitioner for in-person appearance at the hearing;3. Respondents shall submit a letter by tomorrow, June 26, 2026 at 11:30 AM, addressing all of the information detailed in the attached Order to Show Cause;4. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents must show cause why the Petition for Writ of Habeas Corpus should not be granted by Sunday, June 28, 2026 at 10:00 AM;5. Petitioner's Reply, if any, shall be filed by Monday, June 29, 2026 at 10:00 AM; 6. Petitioner shall not be removed from the United States unless and until the Court orders otherwise;7. Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court;8. Within 24 hours of issuance of this Order, Petitioner's counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 6/25/2026. (CQTH) (Entered: 06/25/2026)
Main Document: Order to Show Cause (463)
#4
Jun 25, 2026
Proposed Summons. Re 1 Petition for Writ of Habeas Corpus, by Fernando Jefferson Martinez Adauto (Eisenstein, Jethro) (Entered: 06/25/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#5
Jun 25, 2026
Letter regarding need for interpreter by Fernando Jefferson Martinez Adauto (Eisenstein, Jethro) (Entered: 06/25/2026)
Main Document: Letter
#6
Jun 25, 2026
CERTIFICATE OF SERVICE by Fernando Jefferson Martinez Adauto Petition and Order to Show Cause (Eisenstein, Jethro) (Entered: 06/25/2026)
Main Document: Certificate of Service
Jun 25, 2026
Quality Control Check - Summons
Jun 25, 2026
A 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. (LJ)
Jun 25, 2026
Order Unrestricting Access to 463 Habeas Corpus - Alien Detainee Case, with the exception of documents containing information protected by the E-Government Act of 2002. Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the E.D.N.Y. website at: https://www.nyed.uscourts.gov/bulletin-filing-sealed-documents The clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Nusrat J. Choudhury on 6/25/2026. (HM)
Jun 25, 2026
Case Assigned to Judge Nusrat J. Choudhury. 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. (LJ)
Jun 25, 2026
Order Unrestricting Access to 463 Case
Jun 25, 2026
Case Assigned/Reassigned
#7
Jun 26, 2026
NOTICE of Appearance by Marika Maris Lyons on behalf of Judith Almodovar, Todd Blanche, Todd M. Lyons, Raul Maldonado, Jr, Markwayne Mullin (aty to be noticed) (Lyons, Marika) (Entered: 06/26/2026)
Main Document: Notice of Appearance
#8
Jun 26, 2026
Letter in response to Court's Order dated June 25, 2026 by Judith Almodovar, Todd Blanche, Todd M. Lyons, Raul Maldonado, Jr, Markwayne Mullin (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Lyons, Marika) (Entered: 06/26/2026)
Main Document: Letter
Jun 26, 2026
Quality Control Check - Summons
Jun 26, 2026
Your proposed summons was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint. If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. The full case caption must appear on the summons.Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (GO)
Jun 27, 2026
ORDER: The Court has reviewed Respondents' letter in response (the "Response") to the Court's June 25, 2026 Order to Show Cause (ECF No. 8 ). The Response incorporates Respondents' briefing filed in Wright v. Mullin, et al., No. 26-cv-2114 (E.D.N.Y. 2026), which was also before the undersigned. The relevant briefs referenced in the Response are publicly available and docketed at Wright v. Mullin, et al., No. 26-cv-2114, ECF Nos. 10 and 19 and can be accessed by Petitioner.Additionally, notwithstanding Respondents' incorporation by reference of briefs filed in a prior case, pursuant to the Court's Order to Show Cause and Stay of Removal, Respondents are required to provide all factual submissions and legal arguments in response to the Petition by June 28, 2026. Ordered by Judge Nusrat J. Choudhury on 6/27/2026. (MMC)
Jun 27, 2026
Order(Other)
#9
Jun 28, 2026
Letter
Main Document: Letter
Attachment 1: Exhibit H
#10
Jun 28, 2026
Letter Reply letter brief by Fernando Jefferson Martinez Adauto (Eisenstein, Jethro) (Entered: 06/28/2026)
Main Document: Letter
#11
Jun 29, 2026
1 - Sealed Document - to be used ONLY in conjunction with other selection AND Order(Other)
#12
Jun 29, 2026
Redacted Document
Jun 29, 2026
Show Cause Hearing
#13
Jun 30, 2026
Letter
Main Document: Letter
Jun 30, 2026
Scheduling Order
Jun 30, 2026
ORDER: Counsel for the parties are ordered to appear at a teleconference on July 1, 2026 at 3:00 p.m. before the undersigned to address further development of the evidentiary record.The parties are directed to call the teleconferencing center at (571) 353-2301 and to enter Access Code 394649581 when prompted. Ordered by Judge Nusrat J. Choudhury on 6/30/2026. (MMC)
Jul 01, 2026
MINUTE ENTRY: A teleconference was held before Judge Nusrat J. Choudhury on July 1, 2026. Jethro M. Eisenstein appeared for Petitioner. Marika Maris Lyons appeared for Respondents. Court Reporter Paul Lombardi was also present. The Court informed the parties that the factual record requires further development in order to adjudicate the pending Petition for a writ of habeas corpus. The Court will therefore hold an evidentiary hearing in this matter. Respondents must produce Deportation Officer Demetrios Costakis (ECF No. 8 -1), Officer Bryan J. Flanagan (ECF No. 8 -6), Officer J. Diaz (ECF No. 8 -7), and any other individual upon whose actions Respondents rely in opposing Petitioner's claims for habeas relief. Petitioner must also provide testimony at the hearing.The parties must file a joint letter by July 6, 2026 proposing agreed-upon dates for the evidentiary hearing to take place during the week of July 6, 2026. Petitioner must also indicate in the letter whether any of his claims challenge the circumstances related to Petitioner's arrest and therefore whether testimony by any ICE or other law enforcement officers is required. (MMC)
Jul 01, 2026
Telephone Conference
#14
Jul 06, 2026
Letter
Jul 06, 2026
~Util - Set Hearings
#15
Jul 08, 2026
Letter
#16
Jul 08, 2026
Amend/Correct/Supplement
#17
Jul 09, 2026
Letter
#18
Jul 09, 2026
Letter
#19
Jul 09, 2026
Letter
Jul 09, 2026
Order(Other)
Jul 09, 2026
Order on Motion to Amend/Correct/Supplement