Eastern District of New York • 1:26-cv-05005

#1

Aug 15, 2026

Emergency PETITION for Writ of Habeas Corpus (Corrected) filing fee $ 5, receipt number ANYEDC-20533582, filed by Eduin Daniel Gonzalez Garcia. (Attachments: # 1 Civil Cover Sheet) (Thompson, Tara) (Entered: 08/15/2026)

#2

Aug 17, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 08/17/2026)

#3

Aug 17, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Emergency Petition for Writ of Habeas Corpus ("Petition"), IT IS HEREBY ORDERED that: (1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by August 17, 2026; (2) Petitioner shall file proof of service on the docket by August 18, 2026; (3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted by August 20, 2026. See 28 U.S.C. § 2243; (4) The parties are further ORDERED to appear before this Court for a hearing on the Petition on August 21, 2026, at 10:30 a.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by August 20, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs; (5) Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."). Ordered by Judge Orelia E. Merchant on 8/17/2026. (TSB) (Entered: 08/17/2026)

#4

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#5

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#6

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#7

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#8

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#9

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#10

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

#11

Aug 17, 2026

Proposed Summons. Re 1 Petition for Writ of Habeas Corpus by Eduin Daniel Gonzalez Garcia (Thompson, Tara) (Entered: 08/17/2026)

Aug 17, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)

Aug 17, 2026

Case Assigned/Reassigned

Aug 17, 2026

Quality Control Check - Summons

Aug 17, 2026

Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must be a rider attached to the summons with the name and addresses of all defendants included. The summons must reflect the full case caption, DO NOT PUT ET AL., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (VRM)

Aug 17, 2026

Case assigned to Judge Orelia E. Merchant. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV)

#12

Aug 18, 2026

Affidavit of Service

#13

Aug 18, 2026

Notice of Appearance

#14

Aug 19, 2026

Notice of Appearance

#15

Aug 20, 2026

Letter

#16

Aug 21, 2026

Reply in Support

#17

Aug 21, 2026

MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, the 1 Emergency Petition for Writ of Habeas Corpus is granted. Respondents are ordered to immediately release Petitioner from custody. When releasing Petitioner, Res pondents may not impose additional conditions of release such as electronic or ankle monitoring without an individualized determination. See Khabazha v. U.S. Immigr. and Customs Enf't, 25-CV-05279 (JMF), 2025 WL 3281514, at *3 (S.D.N.Y. N ov. 25, 2025) (first citing Vega v. Schneiderman, 861 F.3d 72, 74 (2d Cir. 2017); and then citing Hensley v. Mun. Ct., San Jose Milpitas Jud. Dist., 411 U.S. 345, 351 (1973)) (concluding that electronic monitoring and ankle monitoring a mount to custody for habeas purposes). By August 24, 2026, Respondents shall certify compliance with this order by filing on the docket and noting specifically that Petitioner has been released. The Clerk of Court is directed to enter judgment in accordance with this order and close this case. Ordered by Judge Orelia E. Merchant on 8/21/2026. (TSB)

Aug 21, 2026

Show Cause Hearing

#18

Aug 24, 2026

Letter