Active
Case Information
Filed: August 10, 2026
Assigned to:
Anthony J. Brindisi
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 03, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 10, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 -receipt # ANYNDC-7713787) filed by Josue Barcos Beltran. (Attachments: # 1 Civil Cover Sheet)(nas ) (Entered: 08/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 10, 2026
TEXT ORDER: IT IS ORDERED that Respondents shall file and serve an answer to the DKT # 1 petition, and provide the Court with the relevant records within fourteen (14) days of the date of this Order (8/24/2026); and it is further ORDERED that petitioner may but is not required to file a reply within seven (7) days of the filing date of respondents' answer. It is further ORDERED that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved. The Clerk of Court is directed to serve copies of this Text Order and the # 1 Petition upon the United States Attorney for the Northern District of New York in accordance with the Local Rules. SO ORDERED by U.S. District Judge Anthony J. Brindisi on 8/10/2026. (Copy served as directed)(ztc) (nas, ). (Entered: 08/10/2026)
Main Document:
Order on Habeas Corpus Petition 28USC2241
#3
Aug 10, 2026
NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of All Defendants (Osborne, Alexis) (Entered: 08/10/2026)
Main Document:
NOTICE
#4
Aug 10, 2026
Letter Motion from Alexis Osborne for Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney requesting the Court modify its Order dated August 10, 2026 submitted to Judge Brindisi . (Osborne, Alexis) (Entered: 08/10/2026)
Main Document:
Letter Request/Motion
#5
Aug 10, 2026
RESPONSE in Opposition re 4 Letter Request/Motion filed by Josue Barcos Beltran. (Manley, Kathy) (Entered: 08/10/2026)
Main Document:
RESPONSE
Aug 10, 2026
Order on Habeas Corpus Petition 28USC2241
#6
Aug 11, 2026
TEXT ORDER: The Court has received and reviewed a Letter Motion filed by Respondents on August 10, 2026, Dkt. Nos. 4, as well as Petitioner's Response in Opposition, Dkt. No. 5 . Respondents ask the Court to modify its previous Order, Dkt. No. 2, to permit Petitioner's detention in the Western District of New York because there is no federal immigration detention facility within the Northern District of New York and Petitioner can remain at his current location in a holding room in Malta, New York for only a limited period today, Dkt. No. 4 . Based on Respondents' representations, the Court AMENDS its previous Order such that Respondents are enjoined from moving the Petitioner outside the jurisdiction of the Northern and Western Districts of New York until this civil action is resolved. Wherever Petitioner is housed, he shall always receive timely and appropriate access to counsel both telephonically and/or in person. All other provisions and deadlines set forth by the Court's previous Order, Dkt. No. 2, remain in effect. SO ORDERED by U.S. District Judge Anthony J. Brindisi on 8/11/2026. (ztc) (Entered: 08/11/2026)
Aug 11, 2026
Order on Letter Request
#10
Sep 03, 2026
JUDGMENT: IT IS ORDERED AND ADJUDGED 1.The Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED; 2. Respondents shall provide petitioner with an individualized bond hearing before an immigration judge within seven calendar days of the date of this decision and order at which the government shall bear the burden to demonstrate, by clear and convincing evidence, that he is a danger to the community or a flight risk. At that bond hearing, the immigration judge must consider non-bond alter natives to detention or, if setting a bond, petitioners ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release petitioner. 3. Respondents shall certify compliance with this Order by filing a status report by 5:00 p.m. on September 11, 2026. (ztc)
Parties
Beltran
Party
Lyons
Party