Eastern District of New York • 2:25-cv-06844

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Dec 12, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19716940, filed by Victor Hugo Pesantez Castro. Was the Disclosure Statement on Civil Cover Sheet completed No,, (Attachments: # 1 Proposed Order Order to show Cause) (Silberberg, Avi) Modified on 12/12/2025 (SMF). (Entered: 12/12/2025)

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Dec 12, 2025

Civil Cover Sheet.. Re 1 Petition for Writ of Habeas Corpus by Victor Hugo Pesantez Castro (Silberberg, Avi) (Entered: 12/12/2025)

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Dec 12, 2025

Proposed Summons/Civil Cover Sheet

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Dec 12, 2025

MOTION for Order to Show Cause by Victor Hugo Pesantez Castro. (KD) (Entered: 12/12/2025)

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Dec 12, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 12/12/2025)

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Dec 12, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 12/12/2025)

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Dec 12, 2025

Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (SMF) (Entered: 12/12/2025)

Dec 12, 2025

Case Assigned to Judge Joan M. Azrack. 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. (SMF)

Dec 12, 2025

Quality Control Check - Summons

Dec 12, 2025

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office. Upon consideration of Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, ECF No. 1, IT IS HEREBY ORDERED that: 1) Petitioner shall cause a copy of this Order and Petitioner's application for relief to be served on Respondents by December 13, 2025; 2) Petitioner shall file proof of service on the docket by December 14, 2025; 3) Respondents are ORDERED to show cause, in writing, why the Petition for Writ of Habeas Corpus should not be granted by December 16, 2025 at 5:00 PM; 4) Petitioner's Reply, if any, shall be filed by December 17, 2025 at 5:00 PM.Further, to preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States until further Order of this Court. Mahmoud Khalil v. Joyce, 25-cv-01935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (ruling that "[t]o 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"); see Local 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction" (cleaned up)); Garcia-Izquierdo v. Gartner, 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal).Additionally, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that, absent further order of this Court, Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Joan M. Azrack on 12/12/2025. (TRN)

Dec 12, 2025

Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons no abbreviations., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Dec 12, 2025

Case Assigned/Reassigned

Dec 12, 2025

Order to Show Cause (Federal)

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Dec 13, 2025

CERTIFICATE OF SERVICE by Victor Hugo Pesantez Castro re 2 Proposed Summons/Civil Cover Sheet, 3 Proposed Summons/Civil Cover Sheet, 1 Petition for Writ of Habeas Corpus, (Silberberg, Avi) (Entered: 12/13/2025)

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Dec 14, 2025

NOTICE of Appearance by Reuben Samuel Kerben on behalf of Victor Hugo Pesantez Castro (aty to be noticed) (Kerben, Reuben) (Entered: 12/14/2025)

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Dec 15, 2025

Extension of Time to File Document

Dec 17, 2025

Order on Motion for Extension of Time to File

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Dec 18, 2025

Notice of Appearance

#12

Dec 19, 2025

Memorandum in Opposition

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Dec 19, 2025

Declaration

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Dec 21, 2025

Letter

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Dec 24, 2025

Order on Motion to Show Cause

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Dec 24, 2025

Letter

#17

Dec 30, 2025

Judgment - Clerk