Eastern District of New York • 2:26-cv-05271

#1

Aug 26, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20570968, filed by C.L.Z.. Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Proposed Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Munoz, Steven) Modified on 8/27/2026 (LJ). (Entered: 08/26/2026)

#2

Aug 26, 2026

MOTION for Leave to File Document by C.L.Z.. (Attachments: # 1 Proposed Order Proposed Order, # 2 Memorandum in Support Memorandum in Support) (Munoz, Steven) (Entered: 08/26/2026)

#3

Aug 27, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/27/2026)

#4

Aug 27, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 08/27/2026)

#5

Aug 27, 2026

Summons Issued as to Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr., Markwayne Mullin, Sirce Owen, U.S. Attorney and U.S. Attorney General (LJ) (Entered: 08/27/2026)

#6

Aug 27, 2026

NOTICE of Appearance by Sayoni Maitra on behalf of C.L.Z. (aty to be noticed) (Maitra, Sayoni) (Entered: 08/27/2026)

#7

Aug 27, 2026

NOTICE of Appearance by Brandt Henslee on behalf of Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr., Markwayne Mullin, Sirce Owen (aty to be noticed) (Henslee, Brandt) (Entered: 08/27/2026)

#8

Aug 27, 2026

Consent MOTION for Extension of Time to File Response/Reply as to Order to Show Cause by Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr., Markwayne Mullin, Sirce Owen. (Henslee, Brandt) (Entered: 08/27/2026)

Aug 27, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by C.L.Z. The United States Attorney, as attorney for Respondents, is directed to show cause by 4:00 p.m. on August 31, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226.If the government's position is that Petitioner was initially detained under § 1225 and is now properly detained under § 1226, its response shall show cause as to why such a theory is proper in light of Judge Reyes's decision in Pastrana-Beltran v. Mullin, No. 26-cv-2657, 2026 WL 1398609 (E.D.N.Y. May 19, 2026). If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026).Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such 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 Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on September 3, 2026, with proof of service.Service of a copy of this order, 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.To 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, 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 Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 8/27/2026. (CBF)

Aug 27, 2026

Case Assigned to Judge Hector Gonzalez. 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. (LJ)

Aug 27, 2026

Order to Show Cause (463)

Aug 27, 2026

Case Assigned/Reassigned

Aug 28, 2026

ORDER granting ECF No. 8 Motion for Extension of Time to File Response/Reply. The government shall file its response to the Court's Order to Show Cause by 4:00 p.m. on September 3, 2026. Petitioner shall file his reply, if any, by 4:00 p.m. on September 9, 2026. Ordered by Judge Hector Gonzalez on 8/28/2026. (CBF)

Aug 28, 2026

Order on Motion for Extension of Time to File Response/Reply

#9

Sep 03, 2026

Response to Order to Show Cause

#10

Sep 09, 2026

REPLY in Support re 1 Petition for Writ of Habeas Corpus, filed by C.L.Z.. (Munoz, Steven) (Entered: 09/09/2026)

Sep 11, 2026

Order to Show Cause (463)

#11

Sep 15, 2026

ORDER: For the reasons set forth in the accompanying Order, Petitioner's arrest and detention violate the Due Process Clause of the Fifth Amendment, and his Petition for a writ of habeas corpus, ECF No. 1 , is GRANTED. The government is directed to immediately release Petitioner from custody and is further directed to certify compliance with the Court's Order by filing a letter on the docket no later than 6:00 p.m. on September 15, 2026. The Court further orders that Petiti oner 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 by clear and convincing evidence that his detention is authorized under 8 U.S.C. § 1226(a). This Order includes "an injunction barring deprivation [of any] of the [Petitioner's] rights without the requisite procedural protections." Khabazha v. United States Immigr. & Customs Enf& #039;t, No. 25-cv-5279, 2025 WL 3281514, at *8 (S.D.N.Y. Nov. 25, 2025) (ordering government release petitioner from "restrictions on his liberty imposed as a result of his unlawful [detention]... including the ankle monitor and reporting re quirements" and return petitioner to "the status quo ante"). For the avoidance of doubt, nothing in this Order shall be construed as a determination of the lawfulness of the government's right to detain Petitioner in the future pursuant to proper application of the procedures in 8 U.S.C. § 1226(a) or (c)(1), nor shall anything herein be construed as to preclude the government from holding a burden-shifted hearing if it seeks to detain Petitioner in the future. See J.C.G. v. Genalo, No. 24-cv-08755, 2025 WL 88831, at *7 (S.D.N.Y. Jan. 14, 2025) (collecting cases where courts ordered that the government bear the burden of demonstrating by clear and convincing evidence that discretionary detention was justified).The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Hector Gonzalez on 9/15/2026. (CBF)

#12

Sep 15, 2026

Letter

Sep 15, 2026

Order on Motion for Leave to File

#13

Sep 16, 2026

Judgment - Clerk