Eastern District of New York • 1:26-cv-03865

#1

Jun 26, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20367433, filed by R.E. G.C.. (Attachments: # 1 Exhibit A, Detainee Locator, # 2 Exhibit B, I-94 and EAD, # 3 Exhibit C, April 17 NTA, # 4 Exhibit D, April 27 NTA, # 5 Exhibit E, Custody Determination, # 6 Exhibit F, TPS Approval Notice, # 7 Exhibit G, TPS Re-Registration Receipt, # 8 Civil Cover Sheet Civil Cover Sheet, # 9 Proposed Summons Proposed Summons) (Sangueza, Edith) (Entered: 06/26/2026)

#2

Jun 26, 2026

MOTION for Leave to File Document Motion for Leave to Proceed by Initials by R.E. G.C.. (Attachments: # 1 Memorandum in Support Memorandum of Law in support of Motion to Proceed by Initials, # 2 Proposed Order Proposed Order on Motion to Proceed by Initials) (Sangueza, Edith) (Entered: 06/26/2026)

#3

Jun 26, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 06/26/2026)

#4

Jun 26, 2026

Proposed Summons. by R.E. G.C. (Sangueza, Edith) (Entered: 06/26/2026)

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Jun 26, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner R.E.G.C.'s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Pet., Dkt. 1 ), it is hereby ordered that: 1. Respondents shall, by 5:00 p.m. on July 1, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. Their response must: (1) state the statutory provision(s) under which Respondents assert the authority to detain Petitioner; (2) provide information regarding the procedural posture of any pending Department of Homeland Security or Executive Office of Immigration Review proceedings; and (3) address whether there is any basis to distinguish this case from the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), or from any of this Court's decisions, see, e.g., S.G.V. v. Genalo, No. 26-CV-2893 (PKC), 2026 WL 1492770 (E.D.N.Y. May 28, 2026); Nimaga v. Francis, No. 26-CV-2868 (PKC), 2026 WL 1656049 (E.D.N.Y. June 8, 2026). If Respondents take the position that the outcome of this Petition is controlled by Barbosa da Cunha or any prior decisions of this Court, they may respond by letter conceding the point and indicating whether Respondents consent to issuance of the writ subject to the preservation of Respondents' arguments for appeal. If Respondents do not take the position that the outcome of this case is controlled by a prior decision of this Court, they must include affidavits and exhibits establishing the "lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition." See Belqui M. v. Bondi, No. 26-CV-0308 (MJD) (SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), report and recommendation adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026).2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District or the Southern District of New York absent further order of this Court. See Order to Show Cause, Samb v. Joyce, No. 25-CV-6373 (DEH) (S.D.N.Y. Aug. 4, 2025), Dkt. No. 3 (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"). The Court additionally grants Petitioner's motion to proceed using his initials only, (Mot., Dkt. 2 ), because it finds that the factors in Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008), weigh in favor of granting Petitioner anonymity. In particular, the Court finds that Petitioner's asylum claims are "highly sensitive and of a personal nature." See Sealed Plaintiff, 537 F.3d at 190 (citation modified) (quoting M.M. v. Zavaras, 139 F.3d 798, 803 (10th Cir. 1998)); (see also Mem., Dkt. 2-1, at 3–4 (citing Pet., Dkt. 1, ¶¶ 26–42)). Ordered by Judge Pamela K. Chen on 6/26/2026. (JEC) (Entered: 06/26/2026)

Jun 26, 2026

Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)

Jun 26, 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)

Jun 26, 2026

Case Assigned/Reassigned

Jun 26, 2026

Quality Control Check - Summons

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Jul 01, 2026

Notice of Appearance

#7

Jul 01, 2026

Extension of Time to File Response/Reply

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Jul 01, 2026

Summons Issued as to USA

Jul 01, 2026

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

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Jul 06, 2026

Letter

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Jul 07, 2026

Memorandum & Opinion

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Jul 08, 2026

Judgment - Clerk

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Jul 09, 2026

Letter