Southern District of New York • 1:26-cv-06559

#1

Jul 31, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33223072) Request for emergency relief to be separately filed..Document filed by P. X., E. X., Lauren Fouda. (Attachments: # 1 Exhibit Exhibit 1 Young Center BID, # 2 Exhibit Exhibit 2 Interview Notice EX, # 3 Exhibit Exhibit 3 Receipt Notice EX, # 4 Exhibit Exhibit 4 Interview Notice PX, # 5 Exhibit Exhibit 5 Receipt Notice PX, # 6 Exhibit Exhibit 6 Report Care Provider Facilities Described Challenges Addressing Mental Health Needs of Children in HHS Custody, # 7 Exhibit Exhibit 7 Mental health of children in custody, # 8 Exhibit Exhibit 8 How Immigration Detention Harms Children: A Conceptual Framework to Inform Policy and Practice, # 9 Exhibit Exhibit 9 Gender identity in mass incarceration, # 10 Exhibit Exhibit 10 AACAP Transgender Youth in Juvenile Justice and other Correctional Systems).(Lowery, Liam) (Entered: 07/31/2026)

#2

Jul 31, 2026

CIVIL COVER SHEET filed..(Lowery, Liam) (Entered: 07/31/2026)

#3

Jul 31, 2026

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Lauren Fouda, E. X., P. X.. (Attachments: # 1 Proposed Order Proposed Order to Show Cause).(Lowery, Liam) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 07/31/2026)

#4

Jul 31, 2026

DECLARATION of Lauren Fouda re: 1 Petition for Writ of Habeas Corpus,,, . Document filed by Lauren Fouda. (Attachments: # 1 Supplement Supplemental Declaration in Support of Petition, # 2 Supplement Supplemental Declaration in Support of Petition).(Lowery, Liam) (Entered: 07/31/2026)

#5

Jul 31, 2026

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Lauren Fouda. (Attachments: # 1 Proposed Order Proposed Order to Show Cause) Related Document Number: 1 ..(Lowery, Liam) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 07/31/2026)

#6

Jul 31, 2026

ORDER TO SHOW CAUSE : Upon consideration of Petitioner's Application for Issuance of Order to Show Cause pursuant to 28 U.S.C. § 2243 and Petitioners Emergency Petition for Writ of Habeas Corpus, IT IS HEREBY ORDERED that: 1. Respondents shall file a return on the Order to Show Cause why the Emergency Petition for Writ of Habeas Corpus should not be granted by August 5, 2026; 2.Petitioner shall have an opportunity to file a reply by August 7, 2026;3.This matter shall be heard by this Court on August 12, 2026 at 2:00pm Petitioners should be produced for this hearing. 4. Respondents shall keep Petitioner in this District pending these proceedings; 5. Respondents must permit Petitioner to contact his attorneys and vice versa throughout these proceedings; 6. Respondents are required to disclose the location of Petitioner to his attorneys at all times during these proceedings; 7. Respondents are enjoined from removing Petitioner from the United State spending these proceedings; 8. Service of this Order shall be made by Petitioner on the United States Attorney for the Southern District of New York by 7 p.m. on July 31, 2026 and shall constitute goodand sufficient service. Show Cause Hearing set for 8/12/2026 at 02:00 PM before Judge Arun Subramanian. Show Cause Response due by 8/5/2026. (Signed by Judge Arun Subramanian on 7/31/2026) (jca) (Entered: 07/31/2026)

#7

Jul 31, 2026

Vacated as per Judge's Order dated 8/3/2026, Doc. #12 ORDER: The Court is in receipt of the habeas corpus petition. Dkt. 1. The petition is partially granted as follows: Respondents are enjoined from transferring petitioner to any location outside the Southern District of New York, the Eastern District of New York, or the District of New Jersey absent this Courts prior approval. Respondents are ordered to file their response to the pending petition for habeas corpus by August 7, 2026 at 5:00 PM. That briefing should address the basis for detention and respond to counts in the petition. The Clerk of Court is respectfully directed to send a copy of this order to Jeffrey.Oestericher@usdoj.gov. SO ORDERED. Justine Christakos answer due on 8/7/2026; Robert F. Kennedy, Jr answer due on 8/7/2026; Markwayne Mullin answer due on 8/7/2026; Angie Salazar answer due on 8/7/2026; Mariana Valdez answer due on 8/7/2026; Rosalyn Vasquez answer due on 8/7/2026; Magdalia Ventura answer due on 8/7/2026. (Signed by Judge Arun Subramanian on 7/31/2026) (jca) Modified on 8/3/2026 (ks). (Entered: 07/31/2026)

#8

Jul 31, 2026

NOTICE OF APPEARANCE by Luis Fernando Mancheno Nicolalde on behalf of Lauren Fouda..(Mancheno Nicolalde, Luis) (Entered: 07/31/2026)

Jul 31, 2026

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 3 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp)

Jul 31, 2026

Case Designated ECF. (gp)

Jul 31, 2026

Magistrate Judge Katharine H. Parker 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)

Jul 31, 2026

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Liam Lowery. The following party/parties has been removed from this case: E.X. and P.X.. The party do not appear on the case caption as petitioners. (gp)

Jul 31, 2026

Notice to Court Regarding Proposed Order

Jul 31, 2026

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 5 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp)

Jul 31, 2026

Notice to Attorney Regarding Removal of Party

Jul 31, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(gp)

Jul 31, 2026

Case Opening Initial Assignment Notice

#9

Aug 03, 2026

NOTICE OF APPEARANCE by Melissa Banks on behalf of Lauren Fouda..(Banks, Melissa) (Entered: 08/03/2026)

#10

Aug 03, 2026

NOTICE OF APPEARANCE by Erica Silverman on behalf of Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/03/2026)

#11

Aug 03, 2026

LETTER MOTION for Extension of Time to respond to the Petition for Writ of Habeas Corpus addressed to Judge Arun Subramanian from AUSA Erica Silverman dated August 3, 2026. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/03/2026)

#12

Aug 03, 2026

ORDER granting 11 Letter Motion for Extension of Time. The Court's July 31, 2026 Order at Dkt. 7 was filed in error and is VACATED. The Court's Order at Dkt. 6 remains in effect. That said, the government's unopposed extension request is GRANTED. The government's opposition is due by August 7, 2026 at 5:00 PM and petitioner's reply is due by August 11, 2026 at 5:00 PM. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 11. SO ORDERED.. (Signed by Judge Arun Subramanian on 8/3/2026) (ks) (Entered: 08/03/2026)

Aug 03, 2026

Set/Reset Deadlines: ( Responses due by 8/7/2026, Replies due by 8/11/2026.), (ks)

#13

Aug 05, 2026

LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from AUSA Erica Silverman dated August 5, 2026. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/05/2026)

#14

Aug 06, 2026

ORDER terminating 13 Letter Motion for Leave to File Excess Pages. This seems to have been filed in error and intended for Judge Cronan's case. The government should file this request in 26cv6095. The Clerk of Court is respectfully directed to terminate Dkt. 13. SO ORDERED. (Signed by Judge Arun Subramanian on 8/6/2026) (jjc) (Entered: 08/06/2026)

#15

Aug 07, 2026

ORDER : The hearing on Wednesday, August 12, 2026 at 2:00 PM will be held in Courtroom 15A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Judge Arun Subramanian on 8/7/2026) (jca) (Entered: 08/07/2026)

#16

Aug 07, 2026

DECLARATION of Acting Assistant Deputy Director Elizabeth Kronk in Opposition. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/07/2026)

#17

Aug 07, 2026

MEMORANDUM OF LAW in Opposition to the Petition for Writ of Habeas Corpus. Document filed by Justine Christakos, Lauren Fouda, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/07/2026)

#18

Aug 10, 2026

ORDER: The Court has reviewed the government's response to the petition. 1.If ORR has not completed its review of the sponsor application by the time of the hearing on August 12, 2026, then the principal decision maker with respect to the application (the "buck stops here" person) should personally attend the hearing. 2.Petitioners in their reply should address whether they agree or disagree with the Government's argument that the suitable custodian requirements of 8 U.S.C. § 1232 apply even if a child's parent is the sponsor, is in the United States, and is "available"-in the sense of being able and willing-to provide care and custody. 6 U.S.C. § 279(g)(2). The Government relies on D.B. v. Cardall, 826 F.3d 721, 734 (4th Cir. 2016), so if there are cases either reaching the same outcome or pointing in the opposite direction, petitioners should address them. SO ORDERED. (Signed by Judge Arun Subramanian on 8/9/2026) (jjc) (Entered: 08/10/2026)

#19

Aug 11, 2026

FIRST LETTER MOTION to Seal addressed to Judge Arun Subramanian from Liam Lowery dated August 11, 2026. Document filed by Lauren Fouda..(Lowery, Liam) (Entered: 08/11/2026)

#20

Aug 11, 2026

***SEALED*** RESPONSE to Motion re: 19 FIRST LETTER MOTION to Seal addressed to Judge Arun Subramanian from Liam Lowery dated August 11, 2026. . Document filed by Lauren Fouda. (Attachments: # 1 Exhibit Petition, # 2 Exhibit BID, # 3 Exhibit 797C 6.17.26 EX, # 4 Exhibit 797C 6.25.26 PX, # 5 Exhibit 797C 6.17.26 PX, # 6 Exhibit 797C 6.25.26 EX, # 7 Exhibit Fouda Declaration, # 8 Exhibit Dominguez Gonzalez Declaration, # 9 Exhibit Ms. X Declaration)Motion or Order to File Under Seal: 19 .(Lowery, Liam) (Entered: 08/11/2026)

#21

Aug 11, 2026

LETTER addressed to Judge Arun Subramanian from AUSA Erica Silverman dated August 11, 2026 re: Request for Witness to Appear Virtually. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/11/2026)

#22

Aug 11, 2026

NOTICE OF APPEARANCE by Matthew Anthony Johnson on behalf of Lauren Fouda..(Johnson, Matthew) (Entered: 08/11/2026)

#23

Aug 11, 2026

REPLY MEMORANDUM OF LAW re: 17 Memorandum of Law in Opposition, . Document filed by Lauren Fouda..(Johnson, Matthew) (Entered: 08/11/2026)

#24

Aug 11, 2026

LETTER addressed to Judge Arun Subramanian from Fouda ex rel. E.X. & P.X. dated August 11, 2026 re: Court's Aug. 10, 2026 Order for supplemental briefing. Document filed by Lauren Fouda..(Johnson, Matthew) (Entered: 08/11/2026)

#25

Aug 11, 2026

LETTER addressed to Judge Arun Subramanian from Matthew A. Johnson dated August 11, 2026 re: Supplemental authority: Order in J.S.P.A. v. Kennedy, No. 26-cv-5903 (S.D.N.Y. Aug. 11, 2026). Document filed by Lauren Fouda. (Attachments: # 1 Exhibit Order in J.S.P.A. v. Kennedy, No. 26-CV-5903 (Dkt.16)).(Johnson, Matthew) (Entered: 08/11/2026)

#26

Aug 12, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Lauren Fouda..(Lowery, Liam) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/14/2026 (tp). (Entered: 08/12/2026)

#27

Aug 12, 2026

LETTER addressed to Judge Arun Subramanian from AUSA Erica Silverman dated August 12, 2026 re: Status Letter. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura. (Attachments: # 1 Exhibit A- Updated Declaration of Elizabeth Kronk).(Silverman, Erica) (Entered: 08/12/2026)

#28

Aug 12, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/14/2026 (tp). (Entered: 08/12/2026)

#29

Aug 12, 2026

LETTER addressed to Judge Arun Subramanian from Liam Lowery dated August 12, 2026 re: Document 27. Document filed by Lauren Fouda..(Lowery, Liam) (Entered: 08/12/2026)

#30

Aug 12, 2026

ORDER granting 19 Letter Motion to Seal. GRANTED. The Court determines that the privacy and safety interests at stake here, and the absence of significant countervailing factors, warrant the requested relief. Petitioners may continue to use pseudonyms and initials in this litigation and may re-file certain previously filed documents, in unredacted form, under seal. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 19. SO ORDERED. (Signed by Judge Arun Subramanian on 8/11/2026) (sgz) (Entered: 08/12/2026)

#31

Aug 12, 2026

MEMO ENDORSEMENT on re: 21 Letter, filed by Mariana Valdez, Markwayne Mullin, Rosalyn Vasquez, Angie Salazar, Robert F. Kennedy, Jr., Magdalia Ventura, Justine Christakos. ENDORSEMENT: While the Court appreciates the difficulty of making the trip, in most proceedings, the Court requires attendance in person. If there is an exceptional circumstance presented the Court will allow remote appearance, but none has been cited here (and remote appearances often bring with them a host of logistical difficulties given the technology available in our courtrooms). But in-person appearance has its benefits. This often provides the greatest opportunity for the parties to actually talk to make sure everyone is on the same page as to the issues in the case, which is a lot harder when some individuals are appearing remotely. So with the Court's great appreciation for the individual's in-person appearance, the request is denied. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 19. SO ORDERED. (Signed by Judge Arun Subramanian on 8/11/2026) (sgz) (Entered: 08/12/2026)

#32

Aug 12, 2026

MEMO ENDORSEMENT on re: 27 Letter, filed by Mariana Valdez, Markwayne Mullin, Rosalyn Vasquez, Angie Salazar, Robert F. Kennedy, Jr., Magdalia Ventura, Justine Christakos. ENDORSEMENT: 1. Petitioners should promptly advise the Court whether, based on their communications with respondents, the hearing today may be adjourned. Otherwise it will proceed. 2. Respondents should, by no later than 5pm on August 19, 2026, explain, after a dutiful inquiry is conducted, the specific reasons for the delay in scheduling the second home inspection; the delay between the second home inspection and the home inspection report; and the subsequent delay between the field specialist's recommendation and the August 11, 2026 determination, despite the intervening filing of a petition for habeas corpus relief. In this submission, respondents should address the allegations in the petition, including those of the child advocate, pointing to ORR's technical glitches, failures to respond to communications, and representatives who were out of office on vacation. Accompanying the submission should be a declaration from an agency representative that they have investigated these types of delays, and that the agency has taken steps so that they will not occur again. As the government's letter reflects, there are a lot of cases raising similar issues, and that's just in this district. That is unacceptable, and should be avoidable. Indeed, both the statute and regulations governing ORR's authority make clear that it should conduct its review "promptly," "continuously," and "without unnecessary delay." See, e.g., 8 U.S.C. § 1232(c) (2)(A); 45 C.F.R. § 410.1200; id. § 410.1201; id. § 410:1203(a); id. § 410.1205. SO ORDERED. (Signed by Judge Arun Subramanian on 8/12/2026) (sgz) (Entered: 08/12/2026)

#33

Aug 12, 2026

ORDER: The Court will hold a remote conference today, August 12, 2026, at 12:30 PM. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 656 480 119, followed by the pound (#) sign. SO ORDERED. Telephone Conference set for 8/12/2026 at 12:30 PM before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 8/12/2026) (sgz) (Entered: 08/12/2026)

#34

Aug 12, 2026

ORDER: As discussed on the record at today's remote conference, respondents shall carry out the safe transfer of petitioners to their mother at the Abbott House where they currently reside, on August 12, 2026, at or around 5:00 PM. The in-person hearing previously scheduled for August 12, 2026, at 2:00 PM is hereby canceled. SO ORDERED. (Signed by Judge Arun Subramanian on 8/12/2026) (ks) (Entered: 08/12/2026)

Aug 12, 2026

Minute Entry for proceedings held before Judge Arun Subramanian: Status Conference held on 8/12/2026. (Court Reporter Steven Greenblum) (kh)

#35

Aug 13, 2026

JOINT LETTER addressed to Judge Arun Subramanian from Matthew A. Johnson dated August 13, 2026 re: status update. Document filed by Lauren Fouda..(Johnson, Matthew) (Entered: 08/13/2026)

Aug 13, 2026

Status Conference

Aug 14, 2026

***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Erica Silverman re: Document 28 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.. (tp)

Aug 14, 2026

***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Liam Lowery re: Document 26 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.. (tp)

Aug 14, 2026

Notice to Attorney Regarding Rejection of Proposed Order

#36

Aug 19, 2026

DECLARATION of Assistant Deputy Director Toby Biswas . Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/19/2026)

#37

Aug 19, 2026

LETTER addressed to Judge Arun Subramanian from AUSA Erica Silverman dated August 19, 2026 re: Response to the Court's Memo Endorsement. Document filed by Justine Christakos, Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, Mariana Valdez, Rosalyn Vasquez, Magdalia Ventura..(Silverman, Erica) (Entered: 08/19/2026)