Eastern District of New York • 1:26-cv-04320

#1

Jul 17, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20440242, filed by MARIO BENJAMIN COLLADO. (Attachments: # 1 Memorandum in Support BRIEF IN SUPPORT, # 2 Exhibit Detainee information, # 3 Exhibit Notice to Appear, # 4 Exhibit Absentia Removal Order, # 5 Exhibit EOIR- 26 Notice of Appeal, # 6 Exhibit Proof of BIA Decision pending, # 7 Exhibit Petitioners BIA Brief on Appeal, # 8 Exhibit Petitioners VISA, # 9 Exhibit Notice of Approval of I-130 application, # 10 Exhibit Julissa Mendez Ortizs U.S. Passport, # 11 Exhibit Birth Certificates of Petitioners children, # 12 Declaration AFFIRMATION OF ALIONA GHERASIMOV, ESQ., # 13 Declaration DECLARATION OF NOEL O'BRIEN, # 14 Proposed Order PROPOSED ORDER, # 15 Civil Cover Sheet CIVIL COVER SHEET) (O'Brien, Noel) (Entered: 07/17/2026)

#2

Jul 20, 2026

Civil Cover Sheet.. by MARIO BENJAMIN COLLADO (O'Brien, Noel) (Entered: 07/20/2026)

#3

Jul 20, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 07/20/2026)

#4

Jul 20, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Mario Benjamin Collado'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 6:00 p.m. on July 23, 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: a) state the statutory provision(s) under which Respondents assert the authority to detain Petitioner currently and the provision(s) under which Respondents asserted the authority to detain Petitioner at the time of his arrest; b) provide information regarding the procedural posture of any pending Department of Homeland Security or Executive Office of Immigration Review proceedings; c) address whether Respondents take the position that Petitioner's detention accords with the statutory and constitutional requirements set forth in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); d) address whether the outcome of this case would be controlled by the reasoning of any of this Court's previous decisions, see, e.g., Colindres v. Tellez, No. 26-CV-0663 (PKC), 2026 WL 509493 (E.D.N.Y. Feb. 23, 2026); De La Rosa Izaguirre, No. 26-CV-2911 (PKC), 2026 WL 2023200 (E.D.N.Y. July 13, 2026); e) provide all records that are material to this action, including, but not limited to, any documents related to Petitioner's arrest and custody determination(s) and all other exhibits necessary to establish 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); and f) provide a sworn declaration by a government official with personal knowledge of the facts on which Respondents rely in any opposition to the Petition, including the basis for arresting and detaining Petitioner and the basis for any custody determination(s). 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"). Ordered by Judge Pamela K. Chen on 7/20/2026. (JEC) (Entered: 07/20/2026)

Jul 20, 2026

Quality Control Check - Summons

Jul 20, 2026

Notice: Re: Incomplete Civil Cover Sheet

Jul 20, 2026

Case Assigned/Reassigned

Jul 20, 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. (SDM)

Jul 20, 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. (SDM)

Jul 20, 2026

Notice: Incorrect Civil Cover Sheet submitted (Please Use Link Below) The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 7.16.2026; Effective 7.16.2026). Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 7/16/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM)

#5

Jul 21, 2026

NOTICE of Appearance by Christopher John Byrne on behalf of Todd Blanche, Kenneth Genalo, Todd M. Lyons, Markwayne Mullin, The Warden of Brooklyn MDC Facility (aty to be noticed) (Byrne, Christopher) (Entered: 07/21/2026)