Southern District of New York • 1:26-cv-06891

S.P. v. Genalo

Active

Case Information

Filed: August 12, 2026
Assigned to: Jeannette A. Vargas
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: October 08, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 12, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33280598) Request for emergency relief to be separately filed..Document filed by S.P.. (Attachments: # 1 Exhibit 1- NTA, # 2 Exhibit 2 - Immigration Judge Order, # 3 Exhibit 3 - Release Policy).(Libowsky, Sarah) (Entered: 08/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 12, 2026
CIVIL COVER SHEET filed..(Libowsky, Sarah) (Entered: 08/12/2026)
Main Document: Civil Cover Sheet
#3
Aug 12, 2026
MOTION for Leave to File Motion to Proceed Via Pseudonym . Document filed by S.P.. (Attachments: # 1 Proposed Order to Proceed Via Pseudonym).(Libowsky, Sarah) (Entered: 08/12/2026)
Main Document: Leave to File Document
#4
Aug 12, 2026
ORDER TO ANSWER, 28 U.S.C. § 2241: Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. As further set forth in this Order. Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner 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. Further, Petitioner's request for leave to proceed under pseudonym, ECF No. 3, is GRANTED. Petitioner has made a sufficient showing that the Petition "involves matters that are 'highly sensitive and [of a] personal nature."' As further set forth in this Order. The parties shall appear for a case management conference with the Court on August 19, 2026, at 2:00 PM. The conference will be held via Microsoft TEAMS at the following link: https://teams.microsoft.com/meet/219015696041826?p=UrnWhcUTU40D17r1cM (Meeting ID: 219 015 696 041 826 I Password: jk77uA7n). As further set forth in this Order. No later than today. Petitioner's counsel shall (1) serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, to the Civil Division of the U.S. Attorney's Office, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is respectfully directed to terminate ECF No. 3. SO ORDERED, Motions terminated: 3 MOTION for Leave to File Motion to Proceed Via Pseudonym . filed by S.P.. (Signed by Judge Jed S. Rakoff Part I on 8/12/2026) Paul Arteta answer due on 10/13/2026; TODD BLANCHE answer due on 10/13/2026; Kenneth Genalo answer due on 10/13/2026; MARKWAYNE MULLIN answer due on 10/13/2026 ; David J. Venturella answer due on 10/13/2026., (ks) (Entered: 08/12/2026)
Main Document: Order to Answer, 28 U.S.C. 2241 AND ~Util - Terminate Motions
#5
Aug 12, 2026
CERTIFICATE OF SERVICE of Habeas Petition and accompanying papers and Order to Answer served on Kenneth Genalo, Paul Arteta, David J. Venturella, Markwayne Mullin, Todd Blanche on August 12, 2026. Service was made by Electronic Mail to Brandon Waterman of the U.S. Attorney's Office for the Southern District of New York. Document filed by S.P...(Libowsky, Sarah) (Entered: 08/12/2026)
Main Document: Certificate of Service Other
Aug 12, 2026
Magistrate Judge Gabriel W. Gorenstein 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. (jgo)
Aug 12, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jeannette A. Vargas. 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..(jgo)
Aug 12, 2026
Case Opening Initial Assignment Notice
Aug 12, 2026
Set/Reset Hearings: Case Management Conference set for 8/19/2026 at 02:00 PM before Judge Jeannette A. Vargas. (ks)
Aug 12, 2026
Case Designated ECF. (jgo)
#6
Aug 14, 2026
NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/14/2026)
Main Document: Notice of Appearance
#7
Aug 14, 2026
LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated August 14, 2026 re: Government's Answers to Court's Questions. Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/14/2026)
Main Document: Letter
#8
Aug 17, 2026
LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated August 17, 2026 re: Non-Recusal. Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/17/2026)
Main Document: Letter
#9
Aug 18, 2026
CONSENT LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated August 18, 2026 re: Joint Proposed Briefing Schedule. Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/18/2026)
Main Document: Letter
#10
Aug 18, 2026
MEMO ENDORSEMENT on re: 9 Letter filed by Kenneth Genalo, MARKWAYNE MULLIN, Paul Arteta, David J. Venturella, TODD BLANCHE. ENDORSEMENT: The proposed briefing schedule is granted. The conference scheduled for August 19, 2026, is adjourned sine die. Oral argument is scheduled for September 1, 2026 at 12:30 pm in Courtroom 11B, United States Courthouse, 500 Pearl Street, New York NY. SO ORDERED. Paul Arteta answer due 8/20/2026; TODD BLANCHE answer due 8/20/2026; Kenneth Genalo answer due 8/20/2026; MARKWAYNE MULLIN answer due 8/20/2026; David J. Venturella answer due 8/20/2026.( Replies due by 8/28/2026., Oral Argument set for 9/1/2026 at 12:30 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas.) (Signed by Judge Jeannette A. Vargas on 8/18/2026) (jjc) (Entered: 08/18/2026)
Main Document: Memo Endorsement AND ~Util - Set Deadlines/Hearings
#11
Aug 20, 2026
RESPONSE re: 1 Petition for Writ of Habeas Corpus, . Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella. (Attachments: # 1 Exhibit A, Record of Deportable-Inadmissible Alien, Form I-213, Aug. 24, 2017_Redacted, # 2 Exhibit B, Arrival-Departure Record, Form I-94, Aug. 24, 2015_Redacted, # 3 Exhibit C, New York Criminal Repository Inquiry, 2016, 2017_Redacted, # 4 Exhibit D, New York Criminal Repository Inquiry, 2024, 2025_Redacted, # 5 Exhibit E, Record of Deportable-Inadmissible Alien, Form I-213, Feb. 8, 2026_Redacted, # 6 Exhibit F, Warrant for Arrest of Alien, Form I-200, Jul. 28, 2025_Redacted, # 7 Exhibit G, Immigration Detainer, Form I-247A, Jul. 28, 2025_Redacted, # 8 Exhibit H, Notice to Appear, Form I-862, Feb. 9, 2026_Redacted, # 9 Exhibit I, Notice of Custody Determination, Form I-286, Feb. 9, 2026_Redacted, # 10 Exhibit J, Velesaca Worksheet, Feb. 9, 2026_Redacted).(Neagu, Tudor) (Entered: 08/20/2026)
Main Document: Response (non-motion)
#12
Aug 20, 2026
DECLARATION of Deportation Officer Leonel Paulino in Opposition re: 11 Response,,,. Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/20/2026)
Main Document: Declaration in Opposition (non-motion)
#13
Aug 20, 2026
REPLY MEMORANDUM OF LAW re: 11 Response,,, . Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/20/2026)
Main Document: Reply Memorandum of Law (non-motion)
#14
Aug 21, 2026
LETTER MOTION to Adjourn Conference Scheduled for September 1 addressed to Judge Jeannette A. Vargas from Tudor Neagu dated August 21, 2026. Document filed by Paul Arteta, TODD BLANCHE, Kenneth Genalo, MARKWAYNE MULLIN, David J. Venturella..(Neagu, Tudor) (Entered: 08/21/2026)
Main Document: Adjourn Conference
#15
Aug 25, 2026
ORDER granting 14 Letter Motion to Adjourn Conference. Oral Argument set for 9/10/2026 at 10:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) (Entered: 08/25/2026)
Aug 25, 2026
Order on Motion to Adjourn Conference
#16
Aug 27, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Lucas S. Marquez on behalf of S.P..(Marquez, Lucas) (Entered: 08/27/2026)
Main Document: Notice of Appearance of Pro Bono Counsel
#17
Aug 28, 2026
REPLY MEMORANDUM OF LAW in Support re: 1 Petition for Writ of Habeas Corpus, . Document filed by S.P...(Libowsky, Sarah) (Entered: 08/28/2026)
Main Document: Reply Memorandum of Law in Support (non-motion)
Sep 04, 2026
Remark
Sep 10, 2026
Oral Argument
#18
Sep 22, 2026
Internet Citation
Main Document: Internet Citation
#19
Sep 22, 2026
Internet Citation
Main Document: Internet Citation
#20
Sep 25, 2026
ORDER : As stated on the record at today's hearing, the petition by S.P. ("Petitioner") for a writ of habeas corpus, ECF No. 1, is GRANTED IN PART AND DENIED IN PART. The Government is hereby ORDERED to take S.P. for an individualized bond hearingbefore an immigration judge no sooner than September 24, 2026. At that hearing, the Government shall bear the burden of demonstrating, by clear and convincing evidence, that S.P. is a danger to the community or a risk of flight in orde r to justify Petitioner's continued detention. The immigration judge is also hereby directed to meaningfully consider alternatives to incarceration and Petitioner's ability to pay if setting a monetary bond. The order restraining Petition er's transfer, ECF No. 4, remains in effect until the completion of the bond hearing. The parties are directed to provide the Court with a status report upon the completion of the bond hearing as to whether this case may be closed. (Signed by Judge Jeannette A. Vargas on 9/25/2026) (sgz)
Main Document: Order
#21
Oct 06, 2026
Letter
Main Document: Letter
#22
Oct 07, 2026
ORDER: Respondents filed the requested status report on October 6, 2026, confirming that a bond hearing was held the day before, and that the Immigration Judge denied bond. ECF No. 21. Respondents further stated that it was their position that this case may be closed. Id. Accordingly, the Clerk of Court is directed to close this case. (Signed by Judge Jeannette A. Vargas on 10/7/2026) (sgz) Transmission to Orders and Judgments Clerk for processing.
Main Document: Order of Dismissal

Parties

Genalo
Party
S.P.
Party