Eastern District of New York • 2:25-cv-06639

#1

Dec 01, 2025

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number BNYEDC-19678161, filed by Felipe Hernandez Lazo. Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Receipt Notices, # 3 Exhibit B - Interview Notice for I-485) (Soto, Andrea) Modified on 12/2/2025 (LJ). (Entered: 12/01/2025)

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Dec 02, 2025

Civil Cover Sheet.. Re 1 Petition for Writ of Habeas Corpus, by Felipe Hernandez Lazo (Soto, Andrea) (Entered: 12/02/2025)

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Dec 02, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 12/02/2025)

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Dec 02, 2025

ORDER TO SHOW CAUSE. As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by December 5, 2025. Petitioner's Reply, if any, shall be filed by December 9, 2025.The parties are further ORDERED TO appear before this Court for a hearing on the petition on December 10, 2025 at 1:00 PM. The hearing will be held in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722.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").Additionally, 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 Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's 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-cv-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-cv-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-cv-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").By the end of day today, 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. Ordered by Judge Nusrat J. Choudhury on 12/2/2025. (CQTH) (Entered: 12/02/2025)

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Dec 02, 2025

Proposed Summons. by Felipe Hernandez Lazo (Soto, Andrea) (Entered: 12/02/2025)

Dec 02, 2025

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)

Dec 02, 2025

**NOTICE: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document is missing; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/sites/default/files/uploads/js44-45.pdf (LJ)

Dec 02, 2025

Notice: Re: Incomplete Civil Cover Sheet

Dec 02, 2025

Electronic Service upon the US Attorneys Office

Dec 02, 2025

Order(Other)

Dec 02, 2025

Case Assigned/Reassigned

Dec 02, 2025

Quality Control Check - Summons

Dec 02, 2025

Scheduling Order

Dec 02, 2025

ORDER: Upon review of the pleading initiating this action, the Court understands that Mr. Hernandez is bringing a combined habeas petition under 28 U.S.C. § 2241 and civil action for injunctive and declaratory relief under the U.S. Constitution and the Administrative Procedure Act, 5 U.S.C. §§ 701-06. The parties shall appear for a telephone conference on December 3, 2025 at 3:30 PM to address scheduling and case management matters. The parties must call the Teleconferencing Center at (571) 353-2301 and enter Access Code 981400071 when prompted. All briefing deadlines remain in effect. Ordered by Judge Nusrat J. Choudhury on 12/2/2025. (JEG)

Dec 02, 2025

Electronic Service is ordered upon the United States Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 12/2/2025. (JEG)

Dec 02, 2025

ORDER: The Court received a voicemail message from counsel for Petitioner because counsel could not locate an email address for the United States Attorney's Office for the Eastern District of New York in order to comply with the Court's December 2, 2025 Order requiring that Petitioner's counsel serve Respondents by email to the United States Attorney's Office and by overnight mail. Should Petitioner's counsel be unable to serve Respondents by email, Petitioner can satisfy this portion of the Court's order by faxing a copy of the petition and accompanying papers, along with a copy of the December 2, 2025 Order, to the Central Islip Branch of the United States Attorney's Office for the Eastern District of New York. Counsel for Petitioner must also serve Respondents by overnight mail and must file proof of service on the docket. Furthermore, 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 12/2/2025. (JEG)

Dec 02, 2025

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)

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Dec 03, 2025

Notice of Appearance

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Dec 03, 2025

Certificate of Service

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Dec 03, 2025

Summons Issued as to USA

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Dec 03, 2025

Letter MOTION for Extension of Time to File Response/Reply as to 4 Set Hearings,,,,,,,,,,,,,, Order to Show Cause (Federal),,,,,,,,,,,,, by Pamela Bondi, Joseph B. Edlow, Kristi Noem, Carmen Nunez. (Swerdloff, Arthur) (Entered: 12/03/2025)

Dec 03, 2025

MINUTE ENTRY: A telephone conference was held before Judge Nusrat J. Choudhury on December 3, 2025 at 3:30 PM. Court reporter Paul Lombardi was present. Andrea C. Soto appeared for Petitioner. Arthur Swerdloff appeared for Respondents Kristi Noem, Pamela Bondi, Joseph B. Edlow, and Carmen Nunez (the "Federal Petitioners"). Respondents Patrick J. Ryder and Errol D. Toulon, Jr. (the "County Respondents") did not appear.The Court heard from Petitioner regarding counsel's efforts to serve all Respondents. Counsel stated that on December 2, 2025, she served all Respondents, including the County Respondents, by FedEx Overnight mail, but she did not know whether Petitioner is being held by one of the County Respondents or whether Petitioner is currently in the custody of the Federal Respondents. This issue is critical in order for Petitioner and the Court to determine the proper parties to the Petition. Counsel for the Federal Respondents confirmed that Petitioner is currently detained temporarily at 535 Federal Plaza in Central Islip, New York. However, he did not know how long Petitioner would be detained at 535 Federal Plaza and could not answer the Court's questions regarding the legal authority for Petitioner's detention at that facility. The Court ordered that the Federal Respondents file a letter by 5:00 PM tomorrow, December 4, 2025, confirming where Petitioner is being detained, the legal authority for that detention, and whether the Federal Respondents intend to transfer Petitioner to another facility. The Court heard next from the parties regarding the relief being sought by Petitioner in the form of a combined habeas petition and civil action and ordered that the parties meet and confer regarding a briefing schedule on the claims brought in Petitioner's civil action and whether Petitioner can seek relief in the form of both a habeas petition under 28 U.S.C. § 2241 and a civil action for injunctive and declaratory relief under the U.S. Constitution and the Administrative Procedure Act, 5 U.S.C. §§ 701-06. The Court granted in part and denied in part the Federal Respondents' Motion or Extension of Time to Respondent to the Petition (ECF No. 9). Because the undersigned begins trial on December 15, 2025, the latest a show cause hearing can be held is December 12, 2025. Accordingly, the Court extended Respondents' deadline to respond to the Court's Order to Show Cause from December 5, 2025 to December 9, 2025 at 10:00 AM. Petitioner's deadline to reply is extended from December 9, 2025 to December 11, 2025 at 12:00 PM. The hearing scheduled for December 10, 2025 is adjourned to the afternoon of December 12, 2025 at a time to be set forth in a subsequent order. The parties shall also submit a letter by December 10, 2025 on the relief sought in a separate civil action and whether the Court should set a separate briefing schedule on any such claims for relief. These deadlines provide Respondents ample time to respond to the Court's Order to Show Cause for the reasons set forth on the record. Finally, the Court advised the parties of the decision in National TPS Alliance v. Noem, No. 25-cv-5687, 2025 WL 2233985 (N.D. Ca. Jul. 31, 2025), which postponed the termination of the Temporary Protected Status ("TPS") Designation for Honduras. The Court directed that the parties' briefing should address what relevance, if any, National TPS Alliance has for the issues in this matter. Counsel for Petitioner stated that she will consult with Petitioner regarding his TPS status, but she must first determine where he is currently detained. (Court Reporter Paul Lombardi.) (JEG) Modified on 12/5/2025 (BMM).

Dec 03, 2025

Order(Other)

Dec 03, 2025

ORDER. During the teleconference with the Court held this afternoon, counsel for Petitioner represented that a search of the U.S. Immigration and Customs Enforcement Online Detainee Locator System on or around December 2, 2025 indicated that Petitioner was located in Broome County, New York, which is located in the Northern District of New York. As the parties are aware, the Court's December 2, 2025 Order to Show Cause required that Petitioner "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." (ECF No. 4 .) Counsel for Respondents represented that Petitioner had never been moved outside of the Districts identified in the Court's Order, and that Petitioner is currently being held at 535 Federal Plaza, Central Islip, NY 11722, which is located in the Alfonse M. D'Amato U.S. Courthouse (the "Courthouse").It has come to this Court's attention that, in a separate matter within this District, the U.S. Attorney's Office filed the Suffolk County Bargain and Sale Deed conveying the land on which the Courthouse in Central Islip now sits to the federal government. (See USA v. Deonarain, 2:25-cr-00210-SJB-1 (E.D.N.Y.), ECF Nos. 29 and 21-1.) The Deed explicitly provides that "[t]he Federal Courthouse and Federal Building shall not be designed or altered for the overnight housing and/or custody of prisoners or detainees." (Id., ECF No. 29-1, at 2.) The U.S. Attorney's Office in Deonarain conceded that "the Courthouse is not within the territorial jurisdiction of the United States." (Id., ECF No. 29, at 1.)As addressed during the teleconference with the Court, Respondents shall file by December 4, 2025, a submission addressing: 1) where the Petitioner is currently detained and whether Respondents will transfer him to another location prior to the December 12, 2025 Show Cause Hearing in this matter; and 2) the authority, if any, for the federal Respondents/Defendants to detain Petitioner in 535 Federal Plaza, Central Islip, NY overnight.Ordered by Judge Nusrat J. Choudhury on 12/3/2025. (CQTH)

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Dec 04, 2025

Letter

Dec 04, 2025

Order(Other)

Dec 04, 2025

1 - Terminate Hearings AND Scheduling Order

Dec 04, 2025

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

Dec 04, 2025

ORDER: The parties are required to address in their response to the Court's Order to Show Cause (ECF No. 4 ) the relevance and impact of Maldonado Bautista v. Santacruz, No. 25-cv-1873 (C.D. Cal.) in which, on November 25, 2025, the Honorable Sunshine S. Sykes of the United States District Court for the Central District of California granted class certification to "[a]ll noncitizens in the United States without lawful status who (1) have entered or will enter the United States without inspection; (2) were not or will not be apprehended upon arrival; and (3) are not or will not be subject to detention under 8 U.S.C. § 1226(c), § 1225(b)(1), or § 1231 at the time the Department of Homeland Security makes an initial custody determination." See ECF No. 82, Maldonado Bautista v. Santacruz, No. 25-cv-1873 (C.D. Cal. Nov. 25, 2025). Ordered by Judge Nusrat J. Choudhury on 12/4/2025. (JEG)

Dec 04, 2025

ORDER: The Show Cause Hearing scheduled for the afternoon of December 12, 2025 will begin at 1:00 PM. The parties are ordered to appear on December 12, 2025 at 1:00 PM in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. Ordered by Judge Nusrat J. Choudhury on 12/4/2025. (JEG)

Dec 04, 2025

ORDER: In their letter due by 5:00 PM today, December 4, 2025, confirming where Petitioner is being detained, the Federal Respondents are ordered to provide the Court with Petitioner's Alien Number. Ordered by Judge Nusrat J. Choudhury on 12/4/2025. (JEG)

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Dec 05, 2025

Order(Other)

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Dec 08, 2025

Extension of Time to File Response/Reply

Dec 08, 2025

Order(Other)

Dec 08, 2025

ORDER: The Federal Respondents' Second Motion for an Extension of Time to file its response to the Court's December 2, 2025 Order to Show Cause is GRANTED IN PART. The habeas petition in this action seeks relief from what Petitioner argues is an unlawful detention that commenced on December 1, 2025. This Petition was assigned to this Court's docket on December 2, 2025. On that date, the Court issued an Order to Show Cause requiring a response from Respondents within three days, by December 5, 2025. See 28 U.S.C. § 2243 ("The... order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed."). Federal Respondents appeared in this action on December 3, 2025. On that date, they filed a request for an extension of time, seeking until December 10, 2025 to respond to the Order to Show Cause. On a teleconference with the parties on that same day, this Court granted the requested extension in part, permitting Respondents to file a response by December 9, 2025 at 10:00 am, thereby providing them with more than three additional days to demonstrate why Petitioner should not be released. The Court made clear in the telephone conference that "the latest a show cause hearing can be held is December 12, 2025" because the undersigned begins trial on December 15, 2025. (Min. Entry, Dec. 3, 2025.) Moreover, the Court explained that there is urgency because the Petition argues that the Petitioner is being unlawfully detained and seeks emergency relief. Accordingly, the Court made clear that the December 9, 2025 10:00 AM deadline provides the Federal Respondents with "ample time to respond to the Court's Order to Show Cause." (Id.) Furthermore, the timing of the Federal Respondents' request also counsels against a finding of good cause for this second request for an extension of time. Despite being put on notice that the Court would be unable to grant any further extensions, the Federal Respondents waited until 5:58 PM on December 8, 2025 -- the night before their 10:00 am response deadline on December 9, 2025 -- to notify the Court that they had just "received a tranche of documents" requiring further investigation. (See ECF No. 12) The records relating to Petitioner, who is currently held in the custody of Immigration and Customs Enforcement, is in the Federal Respondents' control. Federal Respondents have had ample time to obtain the relevant records to inform their response to the Court's Order to Show Cause. Additionally, Federal Respondents unpersuasively contend that this Court's order issued earlier today provides a basis for another extension of time. Today's Order provides Federal Respondents an entirely separate deadline -- of December 11, 2025 at 2:00pm to provide submissions to the Court regarding Petitioner's detention at 535 Federal Plaza. (See Elec. Order, Dec. 8, 2025.) The Court intentionally set a separate, later deadline of December 11, 2025 for these submissions so that Federal Respondents would have ample time to meet the 10:00 AM deadline on December 9, 2025 for responding to the Order to Show Cause. Accordingly, Federal Respondents fail to show good cause for their Second Motion for an Extension of Time to respond to the Order to Show Cause. Notwithstanding this failure to show good cause, the Court grants the Second Motion IN PART. Federal Respondents must show cause by December 9, 2025 at 5:00 pm why the Petition for Writ of Habeas Corpus should not be granted. Ordered by Judge Nusrat J. Choudhury on 12/8/2025. (JEG)

Dec 08, 2025

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

Dec 08, 2025

ORDER: The Federal Respondents' filing at ECF No. 10-1 indicates that they held Mr. Hernandez Lazo in ICE custody at 535 Federal Plaza, Central Islip, NY during the following time periods: (1) from 12:22 am until 9:24 am on December 2, 2025; and (2) from 11:38 am on December 3, 2025 until 1:20 am on December 4, 2025. The first time period was approximately 9 hours, including most of the night. The second time period was more than 13 hours long. By December 11, 2025 at 2:00 pm, the Federal Respondents shall provide a submission to the Court addressing the following:1. Providing legal authority addressing whether the lengthy time periods during which Mr. Hernandez Lazo was detained in 535 Federal Plaza--around 9 hours on December 2, 2025 and more than 13 hours on December 3-4, 2025--are lawful in light of the Suffolk County Bargain and Sale Deed conveying the land on which the Courthouse in Central Islip now sits to the federal government. As the Court previously noted, the deed explicitly provides that "[t]he Federal Courthouse and Federal Building shall not be designed or altered for the overnight housing and/or custody of prisoners or detainees." (Elec. Order, Dec. 3, 2025; USA v. Deonarain, 2:25-cr-210-1 (E.D.N.Y.), ECF No. 29-1 at 2.) 2. Describing what sleeping accommodations, food, access to showers and bathroom facilities, access to medications, medical screening, counsel, and family visitation were provided to Mr. Hernandez Lazo during the two time periods--one around 9 hours long on December 2, 2025 and the other more than 13 hours long on December 3-4, 2025--that he was detained at 535 Federal Plaza; and 3. Indicating whether Respondents plan to detain Mr. Hernandez Lanzo at 535 Federal Plaza at any other time prior to his Show Cause hearing before this Court on December 12, 2025. Ordered by Judge Nusrat J. Choudhury on 12/8/2025. (JEG)

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Dec 09, 2025

Memorandum in Opposition

Dec 10, 2025

ORDER: The Court has reviewed Respondents' memorandum responding to the Court's Order to Show Cause (ECF No. 13), and Orders that Petitioners include in their submission which is due by 5:00 PM on December 11, 2025 the supplemental information and records enumerated below.(A) In support of their Response to the Court's Order to Show Cause, Respondents submitted the declaration of Tony Petito ("Petito Decl.," ECF No. 13-1), which discusses several documents that have not been submitted to the Court. As a result, Respondents shall produce: (1) the Notice to Appear that is referenced in Petito Decl. para. 37; (2) Petitioner's Form I-130 and any documents approving the Form I-130 (see Petitio Decl. para. 36); (3) Petitioner's Form I-485; (4) any documents relating to the termination of Petitioner's TPS status on September 25, 2025 (see Petitio Decl. para. 35); (5) all documents associated with Petitioner's application for and receipt of advanced parole or any other form of parole into the United States (see Petitio Decl. paras. 19, 21, 23, 24, 26, 29, and 31); and(6) All records relating to any individualized custody determination relating to Petitioner made by a DHS officer prior to or contemporaneously with his arrest. (B) In their Response, Respondents argue that "Petitioner's last entry was based on parole; therefore, he was inspected and does not meet [the class definition in Bautista]. See Petito Decl. at xx..." However, Respondents have not cited a specific paragraph in the Petito Declaration, there is no paragraph "xx" to the Petitio Declaration, and the Declaration does not state when Respondent was inspected. As a result, Respondent must clarify when Petitioner was last inspected and provide supporting documentation of that inspection. If an inspection other than Respondent's most recent inspection is relevant on this issue, Respondents shall similarly address any such inspection.(C) In their Response, Respondents make reference to the "process due under the TVPRA" and "UAC" status. Although these acronyms appear to potentially refer to the Trafficking Victims Protection Reauthorization Act and Unaccompanied Alien Children, Respondents fail to define these acronyms or demonstrate their relevance to the facts of this case. As a result, Respondents shall address why the TVPRA and UAC status are relevant. Ordered by Judge Nusrat J. Choudhury on 12/10/2025. (JEG)

Dec 10, 2025

Order(Other)

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Dec 11, 2025

Reply in Opposition

#15

Dec 11, 2025

Letter

#16

Dec 11, 2025

Extension of Time to File Document

#17

Dec 11, 2025

Letter

#18

Dec 11, 2025

Letter

#19

Dec 11, 2025

Letter

Dec 11, 2025

Order on Motion for Extension of Time to File

Dec 11, 2025

Order(Other)

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Dec 12, 2025

Show Cause Hearing

Dec 12, 2025

Order(Other)