Eastern District of New York • 1:26-cv-05074

#1

Aug 19, 2026

Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20546298, filed by Wilmer Patricio Chiguano Dias. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - ICE Detainee Locator, # 3 Exhibit B - Automated Case Information) (Borowski, Matthew) (Entered: 08/19/2026)

#2

Aug 19, 2026

AMENDED COMPLAINT correcting caption against Judith Almodovar, Todd Blanche, Raul Maldonado, Jr., Markwayne Mullin, David Venturella, filed by Wilmer Patricio Chiguano Dias. (Attachments: # 1 Civil Cover Sheet) (Borowski, Matthew) (Entered: 08/19/2026)

#3

Aug 19, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 08/19/2026)

#4

Aug 19, 2026

Proposed Summons. Re Quality Control Check - Summons, by Wilmer Patricio Chiguano Dias (Borowski, Matthew) (Entered: 08/19/2026)

#5

Aug 19, 2026

SCHEDULING ORDER: In order to preserve the Court's jurisdiction pending final disposition of the Petition, respondents are ENJOINED from moving petitioner to a location outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order of this Court. Respondents shall submit a letter, by Friday, August 21, 2026, at 12:00 p.m., stating: (1) the statutory provision(s) under which respondents assert the authority to detain petitioner; and (2) whether the Second Circuit's decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) controls, or whether otherwise there is any material basis to distinguish the instant case from this Court's prior decisions in Y- C- v. Genalo, No. 25-cv-06558, 2025 WL 3653496 (E.D.N.Y. Dec. 17, 2025), Crespo Tacuri v. Genalo, No. 25-cv-06896, 2026 WL 35569 (E.D.N.Y. Jan. 6, 2026), Terrero v. Tsoukaris, No. 26-cv-00869, 2026 WL 607917 (E.D.N.Y. Mar. 4, 2026), Meza v. Francis, No. 26-cv-02722, 2026 WL 1734903 (E.D.N.Y. June 16, 2026), R.S.J.R v. Mullin, No. 26-cv-03611, 2026 WL 1803649 (E.D.N.Y. June 23, 2026), Menjivar v. Genalo, No. 26-cv-2506, ECF No. 16 (E.D.N.Y. June 12, 2026), R.M.R. v. Genalo, No. 26-cv-04358, 2026 WL 2211009 (E.D.N.Y. July 31, 2026), or any other decision of this Court. If respondents take the position that the present case is controlled by Barbosa da Cunha and/or is not materially different from one or more of the Court's prior decisions, respondents shall further state whether respondents consent to the issuance of the writ, and petitioner's immediate release, subject to preservation of respondents' arguments for appeal. If respondents take the position that the present case is not controlled by Barbosa da Cunha or any of the Court's prior decisions, respondents are ordered to show cause, in writing, as to why the relief sought in the Petition should not be granted and otherwise respond to the factual and legal assertions in the Petition no later than Monday, August 24, 2026, at 5:00 p.m. If respondents file a response to the Order to Show Cause, they are directed to file, under seal if necessary, any records, documents, or other information in petitioner's immigration file, as well as any underlying records relied upon in their submission not yet filed by petitioner, and records indicating whether any property was seized from petitioner at the time of arrest. Respondents must serve a copy of the response on petitioner, with proof of such service to the Clerk of this Court. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than Wednesday, August 26, 2026, at 5:00 p.m. If respondents file a response to the Order to Show Cause, the parties shall appear for a hearing and oral argument on the petition on Thursday, August 27, at 11:30 a.m. before the Hon. Natasha C. Merle. The hearing will proceed by telephone. The parties are directed to call (571) 353-2301 five minutes before the scheduled start of the conference and use meeting ID 913 134 947. By Thursday, August 20, 2026, petitioner shall serve respondents with a copy of the petition, along with a copy of this Order, by overnight mail and promptly file proof of such service on the docket. The Clerk of the Court is respectfully directed to deliver a copy of this Order to the U.S. Attorneys Office at Richard.Hayes@usdoj.gov. Ordered by Judge Natasha C. Merle on 8/19/2026. (UES) (Entered: 08/19/2026)

Aug 19, 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 19, 2026

Quality Control Check - Summons

Aug 19, 2026

Case Assigned/Reassigned

Aug 19, 2026

Case assigned to Judge Natasha C. Merle. 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)

#6

Aug 20, 2026

Proposed Summons. by Wilmer Patricio Chiguano Dias (Attachments: # 1 Rider to Summons) (Borowski, Matthew) (Entered: 08/20/2026)

#7

Aug 20, 2026

NOTICE by Wilmer Patricio Chiguano Dias of compliance with service (Borowski, Matthew) (Entered: 08/20/2026)

#8

Aug 20, 2026

NOTICE of Appearance by Nathan Shi on behalf of Judith Almodovar, Todd Blanche, Raul Maldonado, Jr., Markwayne Mullin, David Venturella (aty to be noticed) (Shi, Nathan) (Entered: 08/20/2026)

#9

Aug 20, 2026

First MOTION for Extension of Time to File Response/Reply by Judith Almodovar, Todd Blanche, Raul Maldonado, Jr., Markwayne Mullin, David Venturella. (Shi, Nathan) (Entered: 08/20/2026)

Aug 20, 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., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (EF)

Aug 20, 2026

Quality Control Check - Summons

Aug 20, 2026

Order on Motion for Extension of Time to File Response/Reply

Aug 20, 2026

ORDER denying 9 First Motion for Extension of Time to File Response/Reply by Judith Almodovar, Todd Blanche, Raul Maldonado, Jr., Markwayne Mullin, David Venturella. -- Respondents' request for an extension of time is denied. All deadlines in the Court's Scheduling Order 5 remain in effect. Ordered by Judge Natasha C. Merle on 8/20/2026. (UES)

#10

Aug 21, 2026

Summons Issued as to Judith Almodovar, Todd Blanche, Raul Maldonado, Jr., Markwayne Mullin, David Venturella, U.S. Attorney and U.S. Attorney General. (EF) (Entered: 08/21/2026)

#11

Aug 21, 2026

Letter by Judith Almodovar, Todd Blanche, Raul Maldonado, Jr., Markwayne Mullin, David Venturella (Shi, Nathan) (Entered: 08/21/2026)

Aug 21, 2026

ORDER re 11 Letter filed by Markwayne Mullin, David Venturella, Todd Blanche, Judith Almodovar, Raul Maldonado, Jr. -- The Court is in receipt of respondents' letter 11 representing that petitioner was released from respondents' custody today, August 21, 2026. By August 28, 2026, the parties shall submit a joint status update confirming petitioner's release and stating their position on whether petitioner's petition should be dismissed as moot. The hearing scheduled for August 27, 2026, is adjourned without date. Ordered by Judge Natasha C. Merle on 8/21/2026. (AG)

Aug 21, 2026

Order(Other)