Southern District of New York • 1:25-cv-09823

#1

Nov 25, 2025

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

#2

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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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)

#3

Nov 25, 2025

ORDER On November 25, 2025, Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. It is hereby ordered that: Respondents shall file an opposition by December 1, 2025 as to why the petition should not be granted. Petitioner shall have the opportunity to reply by December 2, 2025. This matter shall be heard by the Court on December 3, 2025 at 12:30 p.m. in the Thurgood Marshall United States Courthouse, Courtroom 1105, 40 Foley Square, New York, NY 10007. Respondents shall produce Petitioner at this hearing. To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. The Clerk of this Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has issued at the following email address: jeffrey.oestericher@usdoj.gov. (Signed by Judge Ronnie Abrams on November 25, 2025). (Entered: 11/25/2025)

Nov 25, 2025

Set/Reset Hearings: Status Conference set for 12/3/2025 at 12:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (jca)

Nov 25, 2025

Note Regarding Service on Self-Represented Party

Nov 25, 2025

Case Designated ECF. (kgo)

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)

Nov 25, 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)

#4

Nov 26, 2025

NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie) (Entered: 11/26/2025)

Nov 26, 2025

MAILING RECEIPT: Document No: 2. Mailed to: DeglisYohardis SalazarOsuna 26 Federal Plaza New York, NY 10278. (vba)

Nov 26, 2025

Pro Se Payment of Fee - Processed

Nov 26, 2025

Mailing Receipt

Nov 26, 2025

MAILING RECEIPT: Document No: 3. Mailed to: DeglisYohardis SalazarOsuna 26 Federal Plaza New York, NY 10278. (vba)

Nov 26, 2025

Pro Se Payment of Fee Processed: $5.00 Cash processed by the Finance Department on 11/26/2025, Receipt Number 44880. (sr)

#5

Dec 01, 2025

ORDER GRANTING PRO BONO COUNSEL: 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 in care of his next friend. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/1/2025) (tg) (Entered: 12/01/2025)

#6

Dec 01, 2025

NOTICE OF APPEARANCE by Victor L. Hou on behalf of Deglis Yohardis Salazar Osuna..(Hou, Victor) (Entered: 12/01/2025)

#7

Dec 01, 2025

NOTICE OF APPEARANCE by Andrew Michael Darcy on behalf of Deglis Yohardis Salazar Osuna..(Darcy, Andrew) (Entered: 12/01/2025)

#8

Dec 01, 2025

REPLY re: 1 Petition for Writ of Habeas Corpus in opposition to petition for writ of habeas corpus. Document filed by Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit transcript).(Ramirez-Fisher, Leslie) (Entered: 12/01/2025)

#9

Dec 01, 2025

DECLARATION of Mincheol So re: 8 Reply, in support of Reply to Petition for Writ of Habeas Corpus. Document filed by Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie) (Entered: 12/01/2025)

Dec 01, 2025

MAILING RECEIPT: Document No: 5. Mailed to: DeglisYohardis SalazarOsuna 26 Federal Plaza New York, NY 10278; Jessica Walker 82 Bond Street Brooklyn, NY 11217. (tro)

Dec 01, 2025

Mailing Receipt

#10

Dec 02, 2025

NOTICE OF APPEARANCE by Ludivine Marie Van Der Heyden on behalf of Deglis Yohardis Salazar Osuna..(Van Der Heyden, Ludivine) (Entered: 12/02/2025)

#11

Dec 02, 2025

REPLY re: 1 Petition for Writ of Habeas Corpus . Document filed by Deglis Yohardis Salazar Osuna. (Attachments: # 1 Exhibit A - Certificate of Disposition).(Hou, Victor) (Entered: 12/02/2025)

#12

Dec 03, 2025

ORDER: On November 25, 2025, Petitioner Deglis Yohardis Salazar Osuna was detained by U.S. Immigration and Customs Enforcement. Dkt. No. 1 ("Pet.") P 3. He has since filed a petition for a writ of habeas of corpus seeking immediate release from custody. Today, the Court held a hearing on the petition. For reasons that will follow in a subsequent opinion and order, and consistent with numerous decisions in similar cases in this district, see Lopez Benitez v. Francis, No. 25 Civ. 5937 (DEH), 2025 WL 2371588 (S.D.N.Y. Aug. 13, 2025); Tumba Huamani v. Francis, No. 25-cv-8110 (LJL), 2025 WL 3079014 (S.D.N.Y. Nov. 4, 2025); Guzman Cardenas v. Almodovar, No. 25-CV-9169 (JMF), 2025 WL 3215573 (S.D.N.Y. Nov. 18, 2025), the Court finds that the Government violated Petitioner's right to due process under the Fifth Amendment, grants his writ of habeas corpus, and orders him immediately released from custody. Respondents are further ordered to certify compliance with the Court's order by filing it promptly on the docket no later than 5:00 p.m. on December 4, 2025. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/3/2025) (ar) (Entered: 12/03/2025)

Dec 03, 2025

Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 12/3/2025. Spanish Interpreter Jill Hoskins/Francisco Olivero (Court Reporter Rebecca Forman) (arc)

#13

Dec 05, 2025

LETTER addressed to Judge Ronnie Abrams from Leslie A. Ramirez-Fisher dated 12-5-25 re: confirmation of release from custody. Document filed by Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie) (Entered: 12/05/2025)

Dec 05, 2025

Status Conference

#14

Dec 15, 2025

MEMORANDUM OPINION AND ORDER: This Memorandum Opinion and Order memorializes the reasons underlying the grant of Mr. Salazar Osuna's Petition. The Government has stated that the circumstances of Mr. Salazar Osuna's detention are "materially indistinguishable" from those considered by this Court in Rivera Esperanza v. Francis, No. 25-CV-8727 (RA), 2025 WL 3513983 (S.D.N.Y. Dec. 8, 2025). Gov. Opp'n at 3. The Court agrees. In Rivera Esperanza, the Court concluded that 8 U.S.C. § 1226(a) governed the Petitioner's detention, rather than 8 U.S.C. § 1225(b)(2)(A), as the Government contended. Rivera Esperanza, 2025 WL 3513983, at *26. The Court also determined that, because the Government did not provide the Petitioner any process before his arrest under Section 1226, it violated the Petitioner's right to due process. Id. at *78. Finally, the Court found that the Petitioner was excused from exhausting his administrative remedies because "administrative appeal would be futile" and the Petitioner "ha[d] raised a substantial constitutional question." Id. at *9 (quoting Beharry v. Ashcroft, 329 F.3d 51, 62 (2d Cir. 2003), as amended (July 24, 2003)). For the reasons stated in Rivera Esperanza, the Court makes the same findings here: Mr. Salazar Osuna's arrest by ICE was governed by Section 1226(a), he was not afforded any process before his arrest, and he is excused from exhausting his administrative remedies. On this basis, the Court granted Mr. Salazar Osuna's Petition and ordered his release from custody on December 3, 2025. Mr. Salazar Osuna also seeks an award of reasonable fees and costs pursuant to the Equal Access to Justice Act ("EAJA"). Pet. at 18. Under the EAJA, a court shall award to a "prevailing party" reasonable fees and expenses incurred in a "civil action" against the United States unless the court finds that "the position of the United States was substantially justified." 28 U.S.C § 2412. "A party prevails if the court grants relief to the party based on 'an assessment of the merits' and thus 'unquestionably' and 'materially alter[s] the existing legal relationship between the parties'" Barco Mercado v. Francis, No. 25-CV-6582 (LAK), 2025 WL 3295903, at *13 (S.D.N.Y. Nov. 26, 2025) (quoting Vacchio v. Ashcroft, 404 F.3d 663, 674 (2d Cir. 2005)). Habeas petitions "challenging immigration detentions" are "civil actions" within the meaning of the EAJA. Id. Here, Mr. Salazar Osuna is the prevailing party in a civil action against the United States. The Court finds that the Government's position "was not substantially justified," since it does not "and has never had a reasonable basis in statutory text, structure, or history." Id. Mr. Salazar Osuna is entitled, therefore, to reasonable fees and costs. He may submit an application for fees and costs pursuant to 5 U.S.C. § 504 and 28 U.S.C. § 2412 by January 16, 2026. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/15/2025) (ar) (Entered: 12/15/2025)

Dec 15, 2025

Transmission to Orders and Judgments Clerk. Transmitted re: 14 Memorandum & Opinion, to the Orders and Judgments Clerk. (tro)

Dec 29, 2025

Received Returned Mail

Dec 29, 2025

Received returned mail re: 3 Order 5 Order for Appearance of Pro Bono Counsel, 2 Standing Order re Cases Filed By Pro Se Plaintiffs. Mail was addressed to DeglisYohardis SalazarOsuna 26 Federal Plaza New York, NY 10278 and was returned for the following reason(s): Return to sender Not Deliverable as addressed unable to forward. (kma)

#15

Jan 16, 2026

MOTION for Attorney Fees . Document filed by Deglis Yohardis Salazar Osuna..(Hou, Victor) (Entered: 01/16/2026)

#16

Jan 16, 2026

DECLARATION of Victor L. Hou in Support re: 15 MOTION for Attorney Fees .. Document filed by Deglis Yohardis Salazar Osuna. (Attachments: # 1 Appendix A - Attorney Time Entries, # 2 Appendix B - CPI-U Table).(Hou, Victor) (Entered: 01/16/2026)

#17

Jan 16, 2026

DECLARATION of Deglis Yohardis Salazar Osuna in Support re: 15 MOTION for Attorney Fees .. Document filed by Deglis Yohardis Salazar Osuna..(Hou, Victor) (Entered: 01/16/2026)

#18

Jan 16, 2026

MEMORANDUM OF LAW in Support re: 15 MOTION for Attorney Fees . . Document filed by Deglis Yohardis Salazar Osuna..(Hou, Victor) (Entered: 01/16/2026)

#19

Jan 28, 2026

LETTER addressed to Judge Ronnie Abrams from Leslie A. Ramirez-Fisher dated 1-28-26 re: government's request to deny Petitioner's premature EAJA motion without prejudice to renew. Document filed by Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie) (Entered: 01/28/2026)

#20

Feb 03, 2026

CLERK'S JUDGMENT re: 14 Memorandum Opinion & Order. in favor of Deglis Yohardis Salazar Osuna against Kristi Noem, LaDeon Francis, Pamela Bondi, Todd Lyons. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated December 15, 2025, the Petition for Writ of Habeas Corpus is GRANTED. (Signed by Clerk of Court Tammi M Hellwig on 2/3/2026) (Attachments: # 1 Notice of right to appeal) (nd) (Entered: 02/03/2026)

Feb 03, 2026

Transmission to Orders and Judgments Clerk

#21

Feb 04, 2026

LETTER REPLY to Response to Motion addressed to Judge Ronnie Abrams from Victor L. Hou dated February 4, 2026 re: 15 MOTION for Attorney Fees . . Document filed by Deglis Yohardis Salazar Osuna..(Hou, Victor) (Entered: 02/04/2026)

#22

Feb 18, 2026

ORDER: The Court will hold Petitioner's application for fees in abeyance until the judgment in this case becomes final under the EAJA. If the government does not file an appeal within 60 days of the entry of judgment, it shall file a response to Petitioner's motion for fees by April 17th, 2026. See United States v. 27.09 Acres of Land, 1 F.3d 107, 111 (2d Cir. 1993) (noting that if an application for fees under the EAJA is filed before a final judgment is entered, the "District Court may determine that the application petitioner has already filed is sufficient" so that "petitioner will not be prejudiced by having filed prematurely.") (quoting Melkonyan, 501 U.S. at 103). If the government does file an appeal within 60 days of the entry of judgment, the Court will hold Petitioner's motion for fees in abeyance, without prejudice to renewal, pending the resolution of the appeal and any subsequent proceedings. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/18/2026) (ar) (Entered: 02/18/2026)

#23

Apr 17, 2026

MEMORANDUM OF LAW in Opposition re: 15 MOTION for Attorney Fees . . Document filed by Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem..(Ramirez-Fisher, Leslie) (Entered: 04/17/2026)

#24

Apr 24, 2026

REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Attorney Fees . . Document filed by Deglis Yohardis Salazar Osuna..(Hou, Victor) (Entered: 04/24/2026)

#25

Jul 01, 2026

OPINION AND ORDER re: 15 MOTION for Attorney Fees . filed by Deglis Yohardis Salazar Osuna. For these reasons, Salazar Osuna's motion for attorneys' fees under the EAJA is granted. Petitioner's counsel is awarded $26,999.62 in attorneys' fees. The Clerk of Court is respectfully requested to terminate the motion pending at Docket Number 15. (Signed by Judge Ronnie Abrams on 7/1/2026) (rro)

#26

Jul 28, 2026

ORDER: On July 1, 2026, by Opinion and Order, the Court awarded counsel for Petitioner Deglis Yohardis Salazar Osuna $26,999.62 in attorneys' fees. By August 7, 2026, counsel for Petitioner shall file a proposed judgment consistent with that Opinion and Order. The Government may file objections to the proposed judgment, if any, by August 14, 2026. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/28/2026) (jjc) (Entered: 07/28/2026)

#27

Aug 07, 2026

Proposed Judgment

#28

Aug 14, 2026

Letter

#29

Aug 18, 2026

Memo Endorsement

#30

Aug 21, 2026

Letter

#31

Aug 24, 2026

Memo Endorsement