Southern District of New York • 1:26-cv-07217
Martinez Davila v. Acting Field Office Director as Acting Field Office Director of New York Immigration and Customs Enforcement
Active
Case Information
Filed: August 22, 2026
Assigned to:
Edgardo Ramos
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
August 26, 2026
Parties:
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Docket Entries
#1
Aug 22, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Isaac Martinez Davila. (sac) (Entered: 08/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
Aug 22, 2026
Magistrate Judge Robyn F. Tarnofsky 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. (sac)
Aug 22, 2026
Case Designated ECF. (sac)
#2
Aug 24, 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 03/18/2024) (sac) (Entered: 08/24/2026)
Main Document:
Standing Order re Cases Filed By Pro Se Plaintiffs
Aug 24, 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. (sac)
Aug 24, 2026
Note Regarding Service on Self-Represented Party
#3
Aug 25, 2026
NOTICE OF APPEARANCE by Rachel Kroll on behalf of Acting Field Office Director as Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General of the United States, Secretary of Homeland Security..(Kroll, Rachel) (Entered: 08/25/2026)
Main Document:
Notice of Appearance
#4
Aug 25, 2026
ORDER TO ANSWER: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. Respondents shall file a letter answer to this Order within two business days of the date of this Order. Respondents shall file an answer to the Petition within three business days of the date of this Order. Petitioner shall file any reply within ten business days of the date of this Order. SO ORDERED. Acting Field Office Director as Acting Field Office Director of New York Immigration and Customs Enforcement answer due on 10/26/2026; Attorney General of the United States answer due on 10/26/2026; Secretary of Homeland Security answer due on 10/26/2026. (Signed by Judge Edgardo Ramos on 8/24/2026) (jca) Transmission to Pro Se Assistants for processing. (Entered: 08/25/2026)
Main Document:
ORDER
#5
Aug 25, 2026
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Isaac Martinez Davila, who is proceeding pro se and appearing by next friend Dominick Martinez Villanueva, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. To proceed with a petition for a writ of habeas corpus in this court, a $5.00 filing fee must be paid or, to request authorization to proceed in forma pauperis ("IFP"), a completed and signed IFP application must be filed. See 28 U.S.C. §§ 1914, 1915. At the time of filing, neither Davila nor Villanueva filed an IFP application or paid the $5.00 fee. Accordingly, within 30 days of the date of this order, Davila or Villanueva must pay the $5.00 filing fee or submit a completed and signed IFP application. If an IFP application is filed, it should be labeled with docket number 26-CV-7217 (ER). If the Court grants the IFP application, this action will proceed without the prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Davila or Villanueva fails to comply with this order within the time allowed, and does not request additional time to respond, the Court will dismiss this action. Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. 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, IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Villanueva may receive court documents by email by completing the form, Consent to Electronic Service, which is also attached to this order. SO ORDERED. Filing Fee due by 9/24/2026. In Forma Pauperis (IFP) Application due by 9/24/2026. (Signed by Judge Edgardo Ramos on 8/24/2026) (jca) (Entered: 08/25/2026)
Main Document:
ORDER
#6
Aug 26, 2026
LETTER addressed to Judge Edgardo Ramos from Rachel Kroll dated 8/26/26 re: Court Order. Document filed by Acting Field Office Director as Acting Field Office Director of New York Immigration and Customs Enforcement, Attorney General of the United States, Secretary of Homeland Security..(Kroll, Rachel) (Entered: 08/26/2026)
Main Document:
Letter
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