Northern District of New York • 9:26-cv-01534

#1

Aug 10, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5.00, receipt number ANYNDC-7715205) filed by German Rodriguez Lazarte. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 08/10/2026)

#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) (Entered: 08/10/2026)

#3

Aug 10, 2026

NOTICE OF APPEARANCE by Emer M. Stack on behalf of Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella (Stack, Emer) (Entered: 08/10/2026)

#4

Aug 10, 2026

Letter Motion from AUSA Emer M. Stack for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella requesting that the Court modify its Text Order, dated August 10, 2026, to permit Petitioner's detention within either the Northern District or Western District of New York submitted to Judge Brindisi . (Stack, Emer) (Entered: 08/10/2026)

#5

Aug 11, 2026

TEXT ORDER: The Court has received and reviewed a Letter Motion filed by Respondents on August 10, 2026, Dkt. No. 4 . 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 for only a limited period 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

#6

Aug 21, 2026

NOTICE by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella to substitute counsel (Osborne, Alexis) (Entered: 08/21/2026)

#7

Aug 21, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit(s) A - 2024 Form I-213, # 2 Exhibit(s) B - NTA, # 3 Exhibit(s) C - Form I94, # 4 Exhibit(s) D - 2026 Form I-213, # 5 Exhibit(s) E - Form I-200)(Osborne, Alexis) (Entered: 08/21/2026)

#8

Aug 27, 2026

LETTER BRIEF requesting immediate release due to due process violation by German Rodriguez Lazarte. (Attachments: # 1 Exhibit(s) A. EOIR extension, # 2 Exhibit(s) B. Notice of Filing of I-485 and Biometrics Appt)(Manley, Kathy) (Entered: 08/27/2026)

#9

Sep 01, 2026

DECISION and ORDER: IT IS ORDERED that 1. The Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED; 2. Respondents shall immediately release petitioner from custody;3. Respondents shall certify compliance with this Order by filing a status report by 5:00 p.m. on September 2, 2026; 4. Petitioner shall not be re-detained without adequate notice and without an opportunity to be heard at a hearing where respondents will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a) and the burden to demonstrate by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk; and 5. Pending the issuance of any final removal order against Petitioner, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances. The Clerk of the Court is directed to terminate the pending motions and enter a deadline accordingly. Signed by U.S. District Judge Anthony J. Brindisi on 9/1/2026. (ztc) (Entered: 09/01/2026)

#10

Sep 01, 2026

JUDGMENT: IT IS ORDERED AND ADJUDGED that 1. The Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED; 2. Respondents shall immediately release petitioner from custody; 3. Respondents shall certify compliance with this Order by filing a status report by 5:00 p.m. on September 2, 2026; 4. Petitioner shall not be re-detained without adequate notice and without an opportunity to be heard at a hearing where respondents will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a) and the burden to demonstrate by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk; and 5. Pending the issuance of any final removal order against Petitioner, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances. (ztc) (Entered: 09/01/2026)

#11

Sep 01, 2026

STATUS REPORT certifying compliance 9 by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Osborne, Alexis) (Entered: 09/01/2026)