Eastern District of New York • 1:26-cv-04067

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20403608, filed by Mamadou Oury Diallo. (Attachments: # 1 Civil Cover Sheet) (Goldman, Michael) (Entered: 07/08/2026)

#2

Jul 08, 2026

MOTION for Order to Show Cause by Mamadou Oury Diallo. (Attachments: # 1 Proposed Order) (Goldman, Michael) (Entered: 07/08/2026)

#3

Jul 08, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 07/08/2026)

#4

Jul 08, 2026

SCHEDULING ORDER: In order to preserve the Court's jurisdiction pending final disposition of the Petition, respondents are ENJOINED from moving Petitioner to a location outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order of this Court. Respondents shall submit a letter, by Thursday, July 9, 2026, at 5:00 p.m., stating: (1) the statutory provision(s) under which respondents assert the authority to detain petitioner; and (2) whether the Second Circuit's decision in Barbosa Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) controls, or whether otherwise there is any material basis to distinguish the instant case from this Court's prior decisions in Y- C- v. Genalo, No. 25-cv-06558, 2025 WL 3653496 (E.D.N.Y. Dec. 17, 2025), CrespoTacuri v. Genalo, No. 25-cv-06896, 2026 WL 35569 (E.D.N.Y. Jan. 6, 2026), Terrero v. Tsoukaris, No. 26-cv-00869, 2026 WL 607917 (E.D.N.Y. Mar. 4, 2026), Meza v. Francis, No. 26-cv-02722, 2026 WL 1734903 (E.D.N.Y. June 16, 2026), R.S.J.R v. Mullin, No. 26-cv-03611, ECF No. 9 (E.D.N.Y. June 23, 2026), Menjivar v. v. Genalo, No. 26-cv-2506, ECF No. 16 (E.D.N.Y. June 12, 2026), or any other decision of this Court. If respondents take the position that the present case is controlled by Barbosa Da Cunha and/or is not materially different from one or more of the Court's prior decisions, respondents shall further state whether respondents consent to the issuance of the writ, and petitioner's immediate release, subject to preservation of respondents' arguments for appeal. If respondents take the position that the present case is not controlled by Barbosa Da Cunha or any of the Court's prior decisions, respondents are ordered to show cause, in writing, as to why the relief sought in the Petition should not be granted and otherwise respond to the factual and legal assertions in the Petition no later than Monday, July 13, 2026. If respondents file a response to the Order to Show Cause, they are directed to file, under seal if necessary, any records, documents, or other information in petitioners immigration file, as well as any underlying records relied upon in their submission not yet filed by petitioner, and records indicating whether any property was seized from petitioner at the time of arrest. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than 12:00 p.m. on Wednesday, July 15, 2026. If respondents file a response to the Order to Show Cause, the parties shall appear for a hearing and oral argument on the petition on Thursday, July 16, 2026, at 3:00 p.m. before the Hon. Natasha C. Merle. The hearing will proceed by telephone. The parties are directed to call (571) 353-2301 five minutes before the scheduled start of the conference and use meeting ID 913 134 947. The Clerk of the Court is respectfully directed to deliver a copy of this Order to the U.S. Attorney's Office at Richard.Hayes@usdoj.gov. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 7/8/2026. (AG) (Entered: 07/08/2026)

Jul 08, 2026

Your proposed 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., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)

Jul 08, 2026

Case Assigned to Judge Natasha C. Merle. 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)

Jul 08, 2026

Case Assigned/Reassigned

Jul 08, 2026

Quality Control Check - Summons

#5

Jul 09, 2026

STIPULATION of Dismissal by Judith Almodovar, Todd Blanche, Raul Maldonado (Siddiqi, Omar) (Entered: 07/09/2026)

#6

Jul 10, 2026

Order Dismissing Case