Eastern District of New York • 1:26-cv-05192

#1

Aug 22, 2026

PETITION for Writ of Habeas Corpus, filed by Alex Garcia Fernandez. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 08/24/2026)

#2

Aug 24, 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 tomorrow, August 25, 2026, at 5:00 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-02506, 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 Courts 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 Thursday, August 27, 2026. 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 Thursday, September 3, 2026. The Clerk of the Court is respectfully directed to mail a copy of this Order to petitioner and note the mailing on the docket. The Clerk of Court is also directed to deliver a copy of this Order to the U.S. Attorney's Office at Richard.Hayes@usdoj.gov. Ordered by Judge Natasha C. Merle on 8/24/2026. (copy mailed) (JAW) (Entered: 08/24/2026)

#3

Aug 24, 2026

NOTICE of Appearance by Christopher John Byrne on behalf of Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General of the United States, Secretary of Homeland Security (aty to be noticed) (Attachments: # 1 Declaration of Service) (Byrne, Christopher) (Entered: 08/24/2026)

#4

Aug 25, 2026

Letter regarding Order to Show Cause Dated August 24, 2026. by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General of the United States, Secretary of Homeland Security (Byrne, Christopher) (Entered: 08/25/2026)

#5

Aug 25, 2026

DECLARATION of Service of Letter Response Dated August 25, 2026 upon Plaintiff by Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General of the United States, Secretary of Homeland Security (Byrne, Christopher) (Entered: 08/25/2026)

#6

Aug 25, 2026

MEMORANDUM AND OPINION: The petition for a writ of habeas corpus under 28 U.S.C. § 2241 is GRANTED. Respondents are directed to release petitioner from custody within 24 hours of this Order. Respondents shall file a letter on the docket no later than August 27, 2026 at 12:00 p.m., certifying their compliance. The Court further orders that petitioner shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a). The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case. The Clerk of Court is also directed to mail a copy of this Order topetitioner and note the mailing on the docket. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 8/25/2026. (copy mailed) (JAW) (Entered: 08/25/2026)