District of New Jersey • 2:26-cv-10598

Restrepo v. Acting Field Office Director of New York Immigration and Customs Enforcement

Active

Case Information

Filed: August 19, 2026
Assigned to: Evelyn Padin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 13, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Steven Guerrero Restrepo..(kgo) (Entered: 08/13/2026)
Main Document: PETITION
#2
Aug 13, 2026
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (kgo) (Entered: 08/13/2026)
Main Document: STANDING
#3
Aug 13, 2026
ORDER FOR APPEARANCE OF PRO BONO COUNSEL AND ORDER TO PRESERVE JURISDICTION Accordingly, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. It should be noted that the Court does not have the authority to "appoint" counsel, but instead, may only "request" that an attorney volunteer to represent a litigant pro bono. Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 301 (1989). There is no guarantee that a volunteer attorney will decide to take the case or that, should the services of the volunteer be declined, the court will locate another. In either instance, Petitioner should be prepared to proceed with the case pro se. If an attorney volunteers, the attorney will contact Petitioner, or her next friend, directly. If Petitioner has already successfully secured counsel on his/her own, or otherwise does not wish the Court to seek volunteers for pro bono counsel, he should inform the Court as soon as possible. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. See https://nysd.uscourts.gov/forms/pro-bono-fund-order. For the foregoing reasons, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). As further set forth in this Order, By August 14, 2026, the Government is ORDERED to provide information regarding where the Petitioner is being detained and under what basis he is being detained. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/13/2026) (ar) Transmission to Office of Pro Se Litigation for processing. (Entered: 08/13/2026)
Main Document: ORDER
Aug 13, 2026
Magistrate Judge Ona T. Wang 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. (kgo)
Aug 13, 2026
Case Designated ECF. (kgo)
Aug 13, 2026
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)
#4
Aug 14, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated August 14, 2026 re: Response to the Court's order. Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security. (Attachments: # 1 Exhibit Removal Order).(Waterman, Brandon) (Entered: 08/14/2026)
Main Document: LETTER
#5
Aug 14, 2026
ORDER: By August 17, 2026 at 12 pm, the Government is ORDERED to provide documentation of the timeline of events from when Petitioner was initially detained in Queens to his eventual transfer to Delaney Hall. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/14/2026) (jjc) (Entered: 08/14/2026)
Main Document: ORDER:
Aug 14, 2026
MAILING RECEIPT: Document No: 2-3. Mailed to: StevenGuerrero Restrepo 240243977 26 Federal Plaza New York, NY 10278. (nb)
#6
Aug 17, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Caridad Pastor on behalf of Steven Guerrero Restrepo.(Pastor, Caridad) (Entered: 08/17/2026)
Main Document: NOTICE
#7
Aug 17, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated August 17, 2026 re: Response to the Court's August 14 Order. Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Waterman, Brandon) (Entered: 08/17/2026)
Main Document: LETTER
#8
Aug 18, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated August 18, 2026 re: Follow-up response to the Court's order. Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Waterman, Brandon) (Entered: 08/18/2026)
Main Document: LETTER
Aug 18, 2026
Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 8/18/2026, Receipt Number 51245. (je)
#9
Aug 19, 2026
ORDER : By end of day on August 19, 2026, Petitioner is ORDERED to respond to the Government's letters filed on August 17, 2026 (ECF No. 7) and August 18, 2026 (ECF No. 8) regarding the proper venue. (Signed by Judge Andrew L. Carter, Jr on 8/19/2026) (sgz) (Entered: 08/19/2026)
Main Document: Order
#10
Aug 19, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Caridad Pastor for Petitioner dated 08/19/2026 re: Response to Letter from AUSA. Document filed by Steven Guerrero Restrepo..(Pastor, Caridad) (Entered: 08/19/2026)
Main Document: Letter
#11
Aug 19, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Waterman, Brandon) (Entered: 08/19/2026)
Main Document: Notice of Appearance
#12
Aug 19, 2026
PROPOSED STIPULATION AND ORDER. Document filed by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General Of The United States, Secretary of Homeland Security..(Waterman, Brandon) (Entered: 08/19/2026)
Main Document: ICMS - converted docket entry
#13
Aug 19, 2026
ORDER TO TRANSFER: The Clerk of Court is respectfully directed to terminate all pending motions and transfer this case to the United States District Court for the District of New Jersey. To ensure that Petitioner's habeas petition is heard in the proper form without undue delay, this Court finds that the seven-day waiting period in Local Civil Rule 83.1 should be waived, and this case should be promptly transferred.SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/19/2026) (sgz) Modified on 8/19/2026 (sgz). (Entered: 08/19/2026)
Main Document: Order
#14
Aug 19, 2026
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-06910. Original file certified copy of transfer order and docket sheet received. (Entered: 08/19/2026)
Main Document: Case Transferred In - District Court Transfer
Aug 19, 2026
Case Transferred Out - District Court Transfer
Aug 19, 2026
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(sgz)
#15
Aug 20, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Evelyn Padin on 8/20/2026. (jjc, ) (Entered: 08/20/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
#16
Aug 20, 2026
Clerk's Letter: Attorney, CARIDAD PASTOR is not admitted to the Federal Bar of New Jersey. Notice has been mailed to 11 BROADWAY SUITE 1005, NEW YORK, NY 10004. (jjc, ) (Entered: 08/20/2026)
Main Document: Letter: Attorney Not Admitted
Aug 20, 2026
Add and Terminate Judges
Aug 20, 2026
Judge Evelyn Padin added. (jjc, )