Southern District of New York • 1:25-cv-04777

#1

Jun 05, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31193731)Document filed by Derwin Capunay Guzman..(Swensen, Jessica) (Entered: 06/05/2025)

#2

Jun 05, 2025

CIVIL COVER SHEET filed..(Swensen, Jessica) (Entered: 06/05/2025)

Jun 06, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica Swensen. The party information for the following party/parties has been modified: William P. Joyce, Kristi Noem, Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

Jun 06, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Jun 06, 2025

Case Opening Initial Assignment Notice

Jun 06, 2025

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Jun 06, 2025

Case Designated ECF. (vf)

Jun 06, 2025

Notice to Attorney Regarding Party Modification

#3

Jun 09, 2025

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, IT IS HEREBY ORDERED that: 1. Respondents shall file a return on the Order to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by June 12, 2025. See 28 U.S.C. § 2243. 2. Petitioner shall have an opportunity to reply by June 15, 2025. 3. The parties shall appear before this Court for a hearing on the petition on June 17,2025 at 1:00 p.m. in Courtroom 1506, Thurgood Marshall United States Courthouse, 40 Foley Sq., New York, New York 10007. 4. Pending consideration of the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York. Service of this Order shall be effected by Petitioner on the United States Attorney for the Southern District of New York by 9:00 p.m. on June 9, 2025, and shall constitute good and sufficient service. SO ORDERED. Show Cause Hearing set for 6/17/2025 at 01:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. Show Cause Response due by 6/12/2025. ( Replies due by 6/15/2025.) (Signed by Judge Ronnie Abrams on 6/9/2025) (tg) (Entered: 06/09/2025)

#4

Jun 09, 2025

LETTER MOTION to Compel Respondents to Return Petitioner to District addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/9/2025. Document filed by Derwin Capunay Guzman. (Attachments: # 1 Exhibit Email Correspondence, # 2 Exhibit ICE Detainee Locator).(Swensen, Jessica) (Entered: 06/09/2025)

#5

Jun 10, 2025

ORDER: The Court has received Petitioner's motion seeking an order directing Respondents to return him to the Southern District of New York. The Government shall file a response no later than June 11, 2025 at 10:00 a.m. SO ORDERED. ( Responses due by 6/11/2025) (Signed by Judge Ronnie Abrams on 6/10/2025) (tg) (Entered: 06/10/2025)

#6

Jun 10, 2025

NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Pamela Bondi, William P. Joyce, Kristi Noem..(Sun, Anthony) (Entered: 06/10/2025)

#7

Jun 10, 2025

LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from AUSA Anthony J. Sun dated 6/10/2025. Document filed by Pamela Bondi, William P. Joyce, Kristi Noem..(Sun, Anthony) (Entered: 06/10/2025)

#8

Jun 10, 2025

ORDER granting 7 Letter Motion for Extension of Time. Application granted. The Government shall file its response to Petitioner's motion to compel no later than 5:00 p.m. on June 11, 2025. The show cause hearing scheduled for June 17, 2025 at 1:00 p.m. is hereby rescheduled for 9:00 a.m. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/10/2025) (tg) (Entered: 06/11/2025)

Jun 10, 2025

Set/Reset Hearings: Show Cause Hearing set for 6/17/2025 at 09:00 AM before Judge Ronnie Abrams. (tg)

#9

Jun 11, 2025

MEMORANDUM OF LAW in Opposition re: 4 LETTER MOTION to Compel Respondents to Return Petitioner to District addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/9/2025. . Document filed by Pamela Bondi, William P. Joyce, Kristi Noem..(Sun, Anthony) (Entered: 06/11/2025)

#10

Jun 11, 2025

DECLARATION of Walter S. Canales in Opposition re: 4 LETTER MOTION to Compel Respondents to Return Petitioner to District addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/9/2025.. Document filed by Pamela Bondi, William P. Joyce, Kristi Noem..(Sun, Anthony) (Entered: 06/11/2025)

#11

Jun 12, 2025

ORDER: Petitioner shall submit a reply to the Government's opposition to the Motion to Compel no later than June 13, 2025 at 12:00 p.m. In particular, Petitioner shall set forth reasons why his presence in this district is necessary to faci litate the resolution of this matter. See Ozturk v. Hyde, 136 F.4th 382, 402 (2d Cir. 2025); Ozturk v. Trump, No. 2:25-CV-374, 2025 WL 1145250, at *2223 (D. Vt. Apr. 18, 2025). SO ORDERED. (Signed by Judge Ronnie Abrams on 6/12/2025) ( Replies due by 6/13/2025.) (ks)

#12

Jun 12, 2025

LETTER addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/12/2025 re: First Request for Extension of Time to File Reply to Motion Opposition. Document filed by Derwin Capunay Guzman..(Swensen, Jessica) (Entered: 06/12/2025)

#13

Jun 12, 2025

NOTICE OF APPEARANCE by Elyssa Williams on behalf of Derwin Capunay Guzman..(Williams, Elyssa) (Entered: 06/12/2025)

#14

Jun 12, 2025

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus, 3 Order to Show Cause,,,,, Set Deadlines/Hearings,,,, . Document filed by Pamela Bondi, William P. Joyce, Kristi Noem..(Sun, Anthony) (Entered: 06/12/2025)

#15

Jun 12, 2025

MEMO ENDORSEMENT on re: 12 Letter filed by Derwin Capunay Guzman. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/12/2025) (rro) (Entered: 06/13/2025)

#16

Jun 13, 2025

REPLY MEMORANDUM OF LAW in Support re: 4 LETTER MOTION to Compel Respondents to Return Petitioner to District addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/9/2025. . Document filed by Derwin Capunay Guzman..(Williams, Elyssa) (Entered: 06/13/2025)

#17

Jun 13, 2025

AFFIDAVIT of Michael Leonetti, Esq. in Support re: 4 LETTER MOTION to Compel Respondents to Return Petitioner to District addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/9/2025.. Document filed by Derwin Capunay Guzman..(Williams, Elyssa) (Entered: 06/13/2025)

#20

Jun 13, 2025

ORDER: Accordingly, Respondents are hereby ordered to transfer Petitioner to the Southern District of New York forthwith, and to produce him before this Court at the hearing scheduled for June 17, 2025 at 9:00 a.m. in Courtroom 1506 of the Thurgoo d Marshall United States Courthouse, 40 Foley Sq., New York, NY 10007. See 28 U.S.C. § 2243 ("[T]he person to whom the writ is directed shall be required to produce at the hearing the body of the person detained."); Ozturk, 136 F.4th at 40203. No later than 12:00 p.m. on June 16, 2025, Respondents shall submit a letter confirming their compliance with this Order. (Signed by Judge Ronnie Abrams on 6/13/2025) (rro)

#18

Jun 15, 2025

LETTER addressed to Judge Ronnie Abrams from AUSA Anthony J. Sun dated 6/15/2025 re: confirming compliance with Court's June 13, 2025, order. Document filed by Pamela Bondi, William P. Joyce, Kristi Noem..(Sun, Anthony) (Entered: 06/15/2025)

#19

Jun 15, 2025

TRAVERSE to:. Document filed by Derwin Capunay Guzman. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Cakan v. McDonald, # 3 Exhibit Eugenio Decl., # 4 Exhibit Rowland-Kain Decl., # 5 Exhibit Umana Decl.).(Swensen, Jessica) (Entered: 06/15/2025)

#21

Jun 16, 2025

LETTER addressed to Judge Ronnie Abrams from AUSA Anthony J. Sun dated 6/16/2025 re: decision in Castillo Lachapel. Document filed by Pamela Bondi, William P. Joyce, Kristi Noem. (Attachments: # 1 Exhibit Mem. Op. & Order in Castillo Lachapel).(Sun, Anthony) (Entered: 06/16/2025)

#22

Jun 17, 2025

MEMORANDUM OPINION AND ORDER re: 4 LETTER MOTION to Compel Respondents to Return Petitioner to District addressed to Judge Ronnie Abrams from Jessica Swensen dated 6/9/2025. filed by Derwin Capunay Guzman. For the reasons stated, Petitioner has failed to exhaust his administrative remedies, or to meet any of the exceptions to the prudential exhaustion requirement. Accordingly, the Petition is denied without prejudice. The Clerk is directed to enter judgment dismissing the Petition, terminate all pending motions, and close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/17/2025) (tg) Transmission to Orders and Judgments Clerk for processing.

#23

Jun 17, 2025

CLERK'S JUDGMENT re: 22 Memorandum & Opinion in favor of Kristi Noem, Pamela Bondi, William P. Joyce against Derwin Capunay Guzman. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Op inion and Order dated June 17, 2025, Petitioner has failed to exhaust his administrative remedies, or to meet any of the exceptions to the prudential exhaustion requirement. The Petition is denied without prejudice and judgment is entered dismissing the Petition; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 6/17/2025) (Attachments: # 1 Appeal Package) (km)

Jun 17, 2025

Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 6/17/2025. (Court Reporter Nicole Di Masi) (arc)

Jun 17, 2025

Show Cause Hearing