Southern District of New York • 1:26-cv-06604

#1

Aug 01, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jonatan Alonso Sarzosa-Defaz..(gp) (Entered: 08/03/2026)

Aug 01, 2026

Case Designated ECF. (gp)

Aug 01, 2026

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), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, 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. (gp)

#2

Aug 03, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (gp) (Entered: 08/03/2026)

#3

Aug 03, 2026

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner Jonatan Alonso Sarzosa-Defaz brings this petition for a writ of habeas corpus by his next friend, Gloria Elena Asimbaya Pineda, who is proceeding pro se. To proceed with a petition for a writ of habeas corpus in this court, a $5.00 filing fee must be paid or, to request authorization to proceed in forma pauperis ("IFP"), a completed and signed IFP application must be filed. See 28 U.S.C. §§ 1914, 1915. At the time of filing, neither Sarzosa-Defaz nor Pineda filed an IFP application or paid the $5.00 fee. Accordingly, within 30 days of the date of this order, Sarzosa-Defaz or Pineda must pay the $5.00 filing fee or submit a completed and signed IFP application. If an IFP application is filed, it should be labeled with docket number 26-CV-6604 (ER). If the Court grants the IFP application, this action will proceed without the prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Sarzosa-Defaz or Pineda fails to comply with this order within the time allowed, and does not request additional time to respond, the Court will dismiss this action. Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Court directs the Clerk of Court to e-mail a copy of this order to Pineda at the address listed on the docket sheet for this action. Pineda may receive court documents by email by completing the form, Consent to Electronic Service, which is also attached to this order. SO ORDERED. Filing Fee due by 9/2/2026. In Forma Pauperis (IFP) Application due by 9/2/2026. (Signed by Judge Edgardo Ramos on 8/3/2026) (jca) (Entered: 08/03/2026)

#4

Aug 03, 2026

ORDER TO ANSWER: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. Respondents shall file an answer to the Petition within three business days of the date of this Order. Petitioner shall file any reply within ten business days of the date of this Order. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/3/2026) (jca) Transmission to Pro Se Assistants for processing. (Entered: 08/03/2026)

Aug 03, 2026

Note Regarding Service on Self-Represented Party

Aug 03, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(gp)

#5

Aug 04, 2026

HABEAS PACKAGE MAILED to Jonatan Alonso Sarzosa-Defaz and Gloria Elena Asimbaya Pineda on 8/4/2026 Re: 4 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) (Entered: 08/04/2026)

#6

Aug 04, 2026

NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Onozawa, Tomoko) (Entered: 08/04/2026)

#7

Aug 05, 2026

LETTER addressed to Judge Edgardo Ramos from AUSA Tomoko Onozawa dated August 5, 2026 re: Order to Answer (ECF No. 4). Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security. (Attachments: # 1 Exhibit 1 - Mar. 3 2023 I-200 Warrant for Arrest, # 2 Exhibit 2 - Mar. 3 2023 I-862 Notice to Appear, # 3 Exhibit 3 - Mar. 4 2023 I-220A OREC, # 4 Exhibit 4 - Mar 3 2023 Notice of Custody Determination, # 5 Exhibit 5 - Aug 2 2026 I-213, # 6 Exhibit 6 - Aug 1 2026 I-200 Warrant for Arrest, # 7 Exhibit 7 - Aug 1 2026 I-220A OREC Cancellation, # 8 Exhibit 8 - Aug 1 2026 I-286, # 9 Exhibit 9 - Aug 1 2026 Spanish Language Notices, # 10 Exhibit 10 - Aug 5 2026 Updated Velesaca Worksheet).(Onozawa, Tomoko) (Entered: 08/05/2026)

#8

Aug 06, 2026

ORDER : Jonatan Alonso Sarzosa-Defaz, who is proceeding pro se and appearing by next friend Gloria Elena Asimbaya Pineda, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on August 1, 2026. On August 3, 2026, the Court directed Respondents to file a letter responding to a series of questions by August 5, 2026, and an answer to the Petition by August 6, 2026. Doc. 4. The Court also directed Petitioner to file a reply by August 17, 2026. Id. Respondents are therefore directed to file an answer to the Petition that responds to these claims by August 10, 2026. Petitioners reply, if any, is still due by August 17, 2026. It is SO ORDERED. Acting Field Office Director of New York Immigration and Customs Enforcement answer due on 8/10/2026; Attorney General Of The United States answer due on 8/10/2026; Secretary of Homeland Security answer due on 8/10/2026. (Signed by Judge Edgardo Ramos on 8/6/2026) (jca) (Entered: 08/06/2026)

Aug 06, 2026

Set/Reset Deadlines: Replies due by 8/17/2026. (jca)

Aug 07, 2026

Pro Se Payment of Fee - Processed

Aug 07, 2026

Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 08/07/2026, Receipt Number 50972. (sr)

#9

Aug 09, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus. Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security. (Attachments: # 1 Exhibit 1 - 2023-03-03 I-200 Warrant for Arrest, # 2 Exhibit 2 - 2023-03-03 I862 Notice to Appear, # 3 Exhibit 3 - 2023-03-04 I-220A Order of Release on Recognizance, # 4 Exhibit 4 - 2023-03-03 Notice of Custody Determination, # 5 Exhibit 5 - 2026-08-92 I-213 Redacted, # 6 Exhibit 6 - 2026-08-01 I-200 Warrant for Arrest, # 7 Exhibit 7 - 2026-08-01 OREC I-220A Cancellation Memo, # 8 Exhibit 8 - 2026-08-01 Form I-286, # 9 Exhibit 9 - 2026-08-01 Signed Notices in Spanish, # 10 Exhibit 10 - Updated Velesaca Worksheet).(Onozawa, Tomoko) (Entered: 08/09/2026)

#10

Aug 09, 2026

DECLARATION of SDDO Brenden Cuni in Opposition re: 1 Petition for Writ of Habeas Corpus. Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Onozawa, Tomoko) (Entered: 08/09/2026)

#11

Aug 09, 2026

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus . Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Onozawa, Tomoko) (Entered: 08/09/2026)

#12

Aug 10, 2026

LETTER addressed to Judge Edgardo Ramos from AUSA Tomoko Onozawa dated August 10, 2026 re: correction to Paragraph 21 of the August 7, 2026 Declaration of SDDO Brenden Cuni (ECF No. 10). Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security. (Attachments: # 1 Supplement Supplemental Declaration of SDDO Brenden Cuni, dated August 10, 2026).(Onozawa, Tomoko) (Entered: 08/10/2026)

#13

Aug 11, 2026

ORDER: Jonatan Alonso Sarzosa-Defaz, who is proceeding pro se and appearing by next friend Gloria Elena Asimbaya Pineda, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on August 1, 2026. Respondents filed their answer to the petition on August 10, 2026, which, among other things, conceded that Petitioner's detention is governed by 8 U.S.C. § 1226(a). Doc. 11 at 7-8. Respondents also, however, argued that, because ICE had previously made an individualized decision to detain Petitioner, the Court should deny his request for immediate release and instead order a bond hearing before an immigration judge. Id. at 8-9. Per the briefing schedule set by the Court, Petitioner may file a reply brief by August 17, 2026. Docs. 4, 8. To assist the Court with prompt resolution of this matter, Petitioner, or his next friend, is directed to file a letter by August 13, 2026, informing the Court whether Petitioner intends to file a reply brief by August 17, 2026. If the Court does not receive a letter from Petitioner or his next friend by August 13, 2026, the Court will assume that Petitioner does not intend to file a reply and resolve the Petition without further briefing. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 8/11/2026) (jca) (Entered: 08/11/2026)

#14

Aug 19, 2026

ORDER: In sum, the Court finds that, of Petitioner's claims, only his § 1226(a) claim has merit. Accordingly, by August 26, 2026, an immigration judge must either hold a bond hearing at which the Government bears the burden of proving that Petitioner is a danger to the community or a flight risk by clear and convincing evidence. If a bond hearing is not held by that date (and Petitioner has not otherwise consented to an extension), Petitioner must be released immediately. In determining whether to grant bond, the immigration judge shall consider the availability of alternative conditions of release and Petitioner's ability to pay. Within 72 hours of the bond hearing, the Government shall file a letter on the docket of this case stating the outcome of the bond hearing. If Petitioner is not ordered released at the hearing, the Government shall provide the Court with a transcript of the hearing within the same timeframe. The Government is further enjoined from invoking 8 U.S.C. § 1225 as a basis for Petitioner's detention before the immigration judge or the Board of Immigration Appeals. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 8/19/2026) (jca) (Entered: 08/19/2026)

#15

Aug 21, 2026

Status Report

#16

Aug 27, 2026

Letter

#17

Aug 28, 2026

Memo Endorsement