Southern District of New York • 1:26-cv-06720
Silva Ontaneda v. Warden In Charge of ICE Detention
Active
Case Information
Filed: August 06, 2026
Assigned to:
Dale E. Ho
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
August 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 06, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Marcos Antonio Silva Ontaneda..(gp) (Entered: 08/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 06, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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: 08/06/2026)
Main Document:
Standing Order re Cases Filed By Pro Se Plaintiffs
#3
Aug 06, 2026
STAY OF REMOVAL AND ORDER TO SHOW CAUSE: This case has been assigned to me for all purposes. It is hereby ORDERED that all parties appear for a conference with the Court on August 28, 2026 at 2:00 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents shall produce Petitioner at the conference. Respondents shall submit a letter, no later than Friday, August 7 at 5:00 p.m. indicating whether the conference is necessary and addressing how the Court should handle this Petition. In the letter, Respondents should address: as further set forth in this Order. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents are further ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by Monday, August 10, 2026. See 28 U.S.C. § 2243. Petitioner shall have an opportunity to reply, if necessary, by August 24, 2026. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. As further set forth in this Order. In light of Petitioner's interests in participating in further proceedings before this Court and in obtaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. As further set forth in this Order. SO ORDERED, IMMIGRATION AND CUSTOMS ENDORCEMENT, William Joyce, Markwayne Mullin, Rodney S. Scott, Donald J. Trump, David Venturella, Warden In Charge of ICE Detention., ( Replies due by 8/24/2026.) Show Cause Hearing set for 8/28/2026 at 02:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. (Signed by Judge Dale E. Ho on 8/6/2026) (ks) (Entered: 08/06/2026)
Main Document:
Order to Show Cause AND ~Util - Set Deadlines/Hearings
Aug 06, 2026
Note Regarding Service on Self-Represented Party
Aug 06, 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)
Aug 06, 2026
Case Designated ECF. (gp)
#4
Aug 07, 2026
Letter
Main Document:
Letter
#5
Aug 10, 2026
Response (non-motion)
Main Document:
Response (non-motion)
#6
Aug 10, 2026
Memorandum of Law in Opposition (non-motion)
Main Document:
Memorandum of Law in Opposition (non-motion)
#7
Aug 10, 2026
Declaration in Opposition (non-motion)
Main Document:
Declaration in Opposition (non-motion)
Parties
Silva Ontaneda
Party
Warden In Charge of ICE Detention
Party