Eastern District of New York • 1:26-cv-05258

Dima v. Genalo

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Case Information

Filed: August 26, 2026
Assigned to: Ann Marie Donnelly
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20569244, filed by Celestin Dima. (Attachments: # 1 Exhibit IJ Bond Order, # 2 Exhibit IJ Order - Burkina Faso, # 3 Exhibit IJ Order - Ghana, # 4 Exhibit Arizona District Court Order, # 5 Exhibit Order of Supervision (OSUP), # 6 Exhibit OSUP Revocation, # 7 Exhibit Asylum Officer Determination - Central African Republic, # 8 Exhibit IJ Order Reopening) (Austin, Paige) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 26, 2026
Civil Cover Sheet.. by Celestin Dima (Austin, Paige) (Entered: 08/26/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#3
Aug 26, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 08/26/2026)
Main Document: Quality Control Check - Attorney Case Opening
#4
Aug 26, 2026
NOTICE of Appearance by Marlene N. Berroa Rodriguez on behalf of Celestin Dima (aty to be noticed) (Berroa Rodriguez, Marlene) (Entered: 08/26/2026)
Main Document: Notice of Appearance
Aug 26, 2026
Order(Other)
Aug 26, 2026
Order to Show Cause (463)
Aug 26, 2026
Case Assigned/Reassigned
Aug 26, 2026
Quality Control Check - Summons
Aug 26, 2026
ORDER: To preserve the Court's jurisdiction pending a final ruling on the 1 petition, the petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-CV-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-CV-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025) (collecting cases in support of enjoining transfer of petitioner outside of New York City area). Service of a copy of this order and the Order to Show Cause, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.Ordered by Judge Ann M. Donnelly on 8/26/2026. (RHS)
Aug 26, 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 26, 2026
Case assigned to Judge Ann M. Donnelly. 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)
Aug 26, 2026
ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by the petitioner. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on August 31, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should explain the statutory authority for its detention of the petitioner, and, if applicable, whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) and this Court's opinions in Bohorquez v. Mullin, No. 26-CV-2053, 2026 WL 1693948 (E.D.N.Y. June 11, 2026), Escalona v. Warden, No. 26-CV-3920, 2026 WL 2018505 (E.D.N.Y. July 13, 2026), and Diosa v. Warden, No. 26-CV-4068, 2026 WL 2056253 (E.D.N.Y. July 16, 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property. If the government files a response, the petitioner may file a reply by 5:00 p.m. on September 2, 2026, with proof of service to the Clerk of Court.Ordered by Judge Ann M. Donnelly on 8/26/2026. (RHS)
#5
Aug 31, 2026
Extension of Time to File Document
Aug 31, 2026
Order on Motion for Extension of Time to File
#6
Sep 02, 2026
Response to Order to Show Cause
#7
Sep 03, 2026
Extension of Time to File Response/Reply
Sep 03, 2026
Order on Motion for Extension of Time to File Response/Reply
#8
Sep 08, 2026
REPLY in Support re 1 Petition for Writ of Habeas Corpus, filed by Celestin Dima. (Attachments: # 1 Exhibit SDNY July 20 Order, # 2 Exhibit SDNY July 30 Order, # 3 Exhibit SDNY Minute Entry, # 4 Exhibit SDNY Aug. 25 Order) (Austin, Paige) (Entered: 09/08/2026)
Main Document: Reply in Support
#9
Sep 09, 2026
NOTICE of Appearance by Harold A. Solis on behalf of Celestin Dima (aty to be noticed) (Solis, Harold) (Entered: 09/09/2026)
Main Document: Notice of Appearance
#10
Sep 15, 2026
MEMORANDUM DECISION AND ORDER. The petition for a writ of habeas corpus under 28 U.S.C. § 2241 (ECF No. 1), is granted. The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case. Ordered by Judge Ann M. Donnelly on 9/15/2026. (DG)
Main Document: Memorandum & Opinion
#11
Sep 15, 2026
CLERK'S JUDGMENT: that the petition for a writ of habeas corpus under 28 U.S.C. §2241 is granted. Signed by Judge Ann M. Donnelly, and Clerk of Court, Brenna B. Mahoney, on 9/15/2026. (JP) (Entered: 09/15/2026)
Main Document: Judgment - Clerk
#12
Sep 17, 2026
Letter