Eastern District of New York • 1:26-cv-04068

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus, filed by Zapata Andres Diosa. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 07/08/2026)

#2

Jul 08, 2026

FILING FEE: $ 5.00, receipt number 100027367 (KAD) (Entered: 07/08/2026)

Jul 08, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re 1 Petition for Writ of Habeas Corpus, filed by the petitioner. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on July 13, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should explain the statutory authority for its detention of the petitioner, and, if applicable, whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property.If the government files a response, the petitioner may file a reply by 5:00 p.m. on July 14, 2026, with proof of service to the Clerk of Court.To preserve the Court's jurisdiction pending a ruling on the petition, the petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-CV-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-CV-6373 (S.D.N.Y. Aug. 4, 2025), ECF No. 3 (collecting cases in support of enjoining transfer of petitioner outside of New York City area).Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney. Ordered by Judge Ann M. Donnelly on 7/8/2026. (CNG)

Jul 08, 2026

Order to Show Cause (463)

#3

Jul 10, 2026

Filing Fee Received