Eastern District of New York • 2:25-cv-06695

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Dec 03, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19689283, filed by Dennis Alexander MINARCAJA CONCHA. (Attachments: # 1 Order to show Cause) (Silberberg, Avi) (Entered: 12/04/2025)

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Dec 04, 2025

Supplemental COMPLAINT, filed by Dennis Alexander MINARCAJA CONCHA. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C) (Silberberg, Avi) (Entered: 12/04/2025)

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Dec 04, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19689305, filed by Dennis Alexander MINARCAJA CONCHA. (Attachments: # 1 Civil Cover Sheet) (Silberberg, Avi) (Entered: 12/04/2025)

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Dec 04, 2025

Proposed Summons/Civil Cover Sheet

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Dec 04, 2025

Quality Control Check - Attorney Case Opening

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Dec 04, 2025

Order to Show Cause (Federal)

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Dec 04, 2025

Proposed Summons/Civil Cover Sheet

Dec 04, 2025

ORDER: The parties shall appear for a telephone conference on December 5, 2025 at 11:30 AM. 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 12/4/2025. (MMC)

Dec 04, 2025

ORDER: The Clerk of Court is directed to email the Order scheduling 12/5/2025 telephone conference 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 12/4/2025. (BMM)

Dec 04, 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 04, 2025

Scheduling Order

Dec 04, 2025

Order(Other)

Dec 04, 2025

Case Assigned/Reassigned

Dec 04, 2025

Quality Control Check - Summons

Dec 04, 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)

Dec 04, 2025

ORDER: 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 12/4/2025. (MMC)

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Dec 05, 2025

NOTICE of Appearance by Madeline M. O'Connor on behalf of Pamela Bondi, Todd Lyons, Kristi Noem (aty to be noticed) (O'Connor, Madeline) (Entered: 12/05/2025)

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Dec 05, 2025

Certificate of Service

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Dec 05, 2025

Summons Issued as to USA

Dec 05, 2025

Order(Other)

Dec 05, 2025

ORDER: The parties are required to address in their response to the Court's Order to Show Cause (ECF No. 6 ) the relevance and impact of Maldonado Bautista v. Santacruz, Case 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, Case No. 25-cv-1873 (C.D. Cal.). Ordered by Judge Nusrat J. Choudhury on 12/5/2025. (MMC)

Dec 05, 2025

MINUTE ENTRY. The Court held a telephone conference on December 5, 2025 at 11:30 AM to address Petitioner's detention. Court reporter Paul Lombardi was present. Madeline M. O'Connor appeared for Respondents. Avi Silberberg appeared for Petitioner. Rueban Kerben, who has not yet filed a notice of appearance in this matter, was also present for Petitioner. Respondents represented that Petitioner is currently being held in Nassau County Correctional Center. Respondents could not confirm whether Petitioner will continue to be detained there or will be transferred elsewhere prior to the December 12, 2025 Show Cause Hearing. The Court reminded the Respondents of its December 4, 2025 Order that Petitioner "shall not be transferred except to a facility within the Eastern District of New York, the Southern District of New York, or the District of New Jersey, absent further order of this Court." (ECF No. 6 .) The Court also reminded the parties that the briefing and hearing schedule set in this action will not be extended or altered. (MMC)

Dec 05, 2025

Status Conference

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Dec 08, 2025

Order(Other)

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Dec 08, 2025

Notice of Appearance

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Dec 10, 2025

File Excess Pages

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Dec 10, 2025

Memorandum in Opposition

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Dec 10, 2025

Memorandum in Opposition

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Dec 10, 2025

Reply in Opposition

Dec 10, 2025

Order on Motion for Leave to File Excess Pages

Dec 10, 2025

ORDER. The Court has received Respondents' opposition to Mr. Minarcaja Concha's petition for a writ of habeas corpus (Opp'n, ECF No. 14 ) and Respondents' corresponding motion for leave to file excess pages (ECF No. 13 ). The motion for leave to file excess pages is granted. In their brief, Respondents represent that "[o]n December 3, 2025, Petitioner was transported to the Central Islip Hold Room, in Central Islip, New York for processing," and that "[o]n December 4, 2025, at or around 10:00 am, Petitioner was transferred from the Central Islip Hold Room to the Nassau County Correctional Facility, in East Meadow, New York." (Opp'n at 9; see also Decl., ECF No. 14-1 at 3.) The Central Islip Hold Room is located at 535 Federal Plaza, Central Islip, NY 11722.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.)Respondents shall file by December 11, 2025 at 5:00 PM, a submission to the Court addressing the following:1. Identifying the period of time during which Mr. Minarcaja Concha was detained in 535 Federal Plaza on December 3, 2025 and December 4, 2025.2. Providing legal authority, if any, addressing the basis for detaining Mr. Minarcaja Concha at 535 Federal Plaza 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. 3. Describing what sleeping accommodations, food, access to showers and bathroom facilities, access to medications, medical screening, counsel, and family visitation were provided to Mr. Minarcaja Concha during the time he was detained at 535 Federal Plaza; and4. Indicating whether Respondents plan to detain Mr. Minarcaja Concha at 535 Federal Plaza at any other time prior to his Show Cause hearing before this Court on December 12, 2025. Respondents shall further provide by December 11, 2025 at 5:00 PM, a submission to the Court attaching the source documents and records referenced in their brief and declaration, including:1. The December 3, 2025 Form I-200 Warrant for Arrest.2. All records substantiating the facts set forth in Paragraphs 11 and 12 of the Shinas Declaration (ECF No. 14 -1), including: (a) records documenting the arrest of Petitioner on September 30, 2025 and November 17, 2025 by the New York City Police Department,(b) the associated charges; and(c) the disposition of the charges, including any subsequent dismissals and/or convictions.3. All records relating to "the reporting requirements of [Petitioner's] ROR" between July 18, 2022 to present, (Opp'n at 9); and4. All records relating to any individualized custody determination relating to Petitioner made by a DHS officer prior to or contemporaneously with his arrest, including but not limited to the "determin[ation] that Petitioner's release under the ROR should be revoked because his multiple arrests violated the conditions of the ROR." (Id.) Ordered by Judge Nusrat J. Choudhury on 12/10/2025. (CQTH)

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Dec 11, 2025

MOTION for Extension of Time to File Response/Reply by Pamela Bondi, Todd Lyons, Kristi Noem. (O'Connor, Madeline) (Entered: 12/11/2025)

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Dec 11, 2025

Letter Requesting Spanish interpreter by Dennis Alexander Minarcaja Concha (Kerben, Reuben) (Entered: 12/11/2025)

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Dec 11, 2025

Letter

Dec 11, 2025

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

Dec 11, 2025

Order: Petitioner's counsel is required to notify the Court in writing if an interpreter is needed for the 12/12/2025 hearing by 12/12/2025 at 9:00 am. Ordered by Judge Nusrat J. Choudhury on 12/11/2025. (BMM)

Dec 11, 2025

Order(Other)

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Dec 12, 2025

Notice of Related Case Assignment/Designation

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Dec 12, 2025

Letter

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Dec 12, 2025

Show Cause Hearing

Dec 12, 2025

Order to Show Cause (Federal)

Dec 12, 2025

~Util - Set Hearings

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Dec 13, 2025

Letter

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Dec 13, 2025

Letter

Dec 13, 2025

Telephone Conference

Dec 13, 2025

Order(Other)

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Dec 15, 2025

Letter

Dec 15, 2025

Set/Reset Hearings

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Jan 05, 2026

Letter by Dennis Alexander Minarcaja Concha (Kerben, Reuben) (Entered: 01/05/2026)

Jan 05, 2026

ORDER. The in-person conference scheduled for today at 1:30 PM will now be conducted via telephone. To join the hearing, the parties shall call the Teleconferencing Center at (571) 353-2301 and to enter Access Code 981400071 when prompted. Ordered by Judge Nusrat J. Choudhury on 1/5/2026. (CQTH)

Jan 05, 2026

Order(Other)

Jan 06, 2026

Order(Other)

Jan 06, 2026

Telephone Conference

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Jan 07, 2026

Transcript